Decree No. 52/2013/ND-CP on E-commerce

 

DECREE

On Electronic Commerce

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Civil Code dated June 14, 2005;

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Electricity Law dated December 3, 2004, the Law Amending and Supplementing Certain Provisions of the Electricity Law;

Based on the Consumer Protection Law dated November 17, 2010;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree on electronic commerce,

PART I
GENERAL PROVISIONS

This Decree stipulates the development, application, and management of electronic commerce activities.

Article 2. Applicability

1. This Decree applies to traders, organizations, and individuals participating in electronic commerce activities within the territory of Vietnam, including:

a) Vietnamese traders, organizations, and individuals;

b) Foreign individuals residing in Vietnam;

2. The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Information and Communications to guide measures for managing foreign traders, organizations, and individuals conducting electronic commerce activities with Vietnamese subjects based on economic and social conditions and management requirements at each period.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Electronic commerce activities refer to the implementation of part or all of the trading process using electronic means connected to the Internet, mobile telecommunications networks, or other open networks.

2. The national program for the development of electronic commerce consists of contents and tasks related to the development of electronic commerce activities during each phase with the aim of encouraging and supporting the application of electronic commerce to enhance production and business efficiency, promote domestic trade and exports, and build modern electronic commerce infrastructure.

3. An electronic document in commercial transactions (hereinafter referred to as an electronic document) is a contract, proposal, notification, confirmation, or other materials in data message form issued by the parties concerning the conclusion or performance of a contract.

In this Decree, electronic documents do not include bills of exchange, checks, waybills, invoices for goods sent, warehouse receipts, or any transferable documents that allow the holder or beneficiary to receive goods, services, or payment of a sum of money.

4. The originator is the party or its representative who creates or sends an electronic document before storing it. The originator does not include a party acting as an intermediary related to the electronic document.

5. The recipient is the party receiving an electronic document according to the intent of the originator. The recipient does not include a party acting as an intermediary related to the electronic document.

6. An automated information system is an information system used to create, send, receive, or respond to data messages without human intervention or inspection each time an activity is performed.

A place of business is a fixed location for conducting business activities, excluding temporary provision locations for goods or services.

An electronic commerce website (hereinafter referred to as a website) is an electronic information page established to serve part or all of the purchasing and selling process of goods or service provision, from displaying and introducing goods and services to concluding contracts, providing services, payment, and post-sales services.

An electronic commerce trading platform is an electronic commerce website allowing traders, organizations, and individuals who are not the owners of the website to conduct part or all of the purchasing and selling process of goods and services on it.

In this Decree, an electronic commerce trading platform does not include online securities trading websites.

An online promotional website is an electronic commerce website established by traders or organizations to promote goods or services of other traders, organizations, or individuals according to the terms of the promotional service contract.

An online auction website is an electronic commerce website providing solutions allowing traders, organizations, and individuals who are not the owners of the website to organize auctions for their own goods on it.

An online ordering function is a feature installed on an electronic commerce website or customer terminal and connected to the electronic commerce website to enable customers to initiate the contract conclusion process according to the terms published on the website, including contract conclusion with an automated information system.

Personal information is information contributing to identifying a specific individual, including name, age, home address, phone number, medical information, bank account number, information about personal payment transactions, and other information that the individual wishes to keep confidential.

In this Decree, personal information does not include work contact information and information that individuals have voluntarily disclosed on media platforms.

Collecting personal information refers to the activity of gathering such information into a database including personal information of many consumer customers or potential customers of traders, organizations, and individuals engaged in electronic commerce activities.

Article 4. Prohibited Acts in E-commerce Activities

1. Violations related to e-commerce business activities:

b) Exploiting e-commerce to engage in the sale of counterfeit goods, goods, and services that infringe intellectual property rights; goods and services listed in the prohibited goods and services catalog;

c) Using the guise of e-commerce business activities to illegally raise funds from other traders, organizations, and individuals;

d) Providing e-commerce services or monitoring, evaluating, and certifying services in e-commerce without registration or approval as prescribed by this Decree;

đ) Providing e-commerce services or monitoring, evaluating, and certifying services in e-commerce that do not correspond with the information in the registration dossier or approval;

e) Engaging in fraudulent acts or providing false information when implementing procedures for establishing an e-commerce website, registering an e-commerce service-providing website, or applying for or obtaining approval for monitoring, evaluation, and certification services in e-commerce;

2. Violations related to information on e-commerce websites:

a) Falsifying registration information or failing to comply with regulations regarding the form and format of information publication on e-commerce websites;

b) Using symbols of trustworthiness programs for e-commerce websites without recognition from these programs;

c) Using links, symbols, or other technologies on e-commerce websites to cause confusion about connections with other traders, organizations, and individuals;

d) Using links to provide information that contradicts or distorts the information published in the area of the website where the link is attached;

3. Violations related to transactions on e-commerce websites:

a) Committing fraudulent acts against customers on e-commerce websites;

b) Falsifying information of other traders, organizations, and individuals to participate in e-commerce activities;

c) Interfering with operating systems and internet browsers on electronic devices accessing the website to force customers to stay on the website against their will;

4. Other violations:

a) Stealing, using, disclosing, transferring, or selling information related to the trade secrets of other traders, organizations, and individuals or personal information of consumers in e-commerce without the consent of the relevant parties, except as otherwise provided by law;

b) Imitating or copying the interface of another trader's, organization's, or individual's e-commerce website to gain profit or cause confusion and loss of customer confidence in them;

Article 5. State Management Content of E-commerce

2. Issuing and implementing legal regulatory documents on e-commerce activities, standards, and technical specifications for e-commerce applications, and management regulations for special e-commerce services;

3. Managing and supervising e-commerce activities;

4. Promoting and disseminating laws on e-commerce;

5. Implementing research, application, and technology transfer activities in e-commerce;

6. Implementing advisory and support activities for businesses to deploy and apply e-commerce;

7. Implementing training and capacity building activities for human resources in e-commerce;

8. Statistics on e-commerce;

9. International cooperation in the field of e-commerce;

10. Inspection, examination, handling complaints, denunciations, and dealing with violations in e-commerce activities.

Article 6. State Management Responsibilities for Electronic Commerce

1. The Ministry of Industry and Trade shall be responsible before the Government for implementing state management over electronic commerce.

2. Ministries, ministerial-level agencies, provincial People's Committees, and centrally-run city People's Committees within their respective duties and authorities shall have the responsibility to coordinate with the Ministry of Industry and Trade to implement state management over electronic commerce.

Article 7. National Program for the Development of Electronic Commerce

1. The State shall adopt appropriate policies and measures to promote the development of transparent and sustainable electronic commerce through the National Program for the Development of Electronic Commerce.

2. Activities under the National Program for the Development of Electronic Commerce include:

a) Building and developing the infrastructure for electronic commerce;

b) Promoting awareness and disseminating information about electronic commerce;

c) Training and developing human resources for electronic commerce;

d) Developing products and solutions for electronic commerce;

đ) Advising on the formulation of plans for the application of electronic commerce;

e) International cooperation in electronic commerce;

g) Enhancing management capacity and organizing activities for the development of electronic commerce;

h) Other relevant contents.

3. The Prime Minister shall stipulate the participants, scope of application, management mechanisms, and financial support for the National Program for the Development of Electronic Commerce.

Article 8. Statistics on Electronic Commerce

1. Provincial People's Committees and centrally-run city People's Committees shall collect statistical data on the application of electronic commerce in their localities and report annually to the Ministry of Industry and Trade for consolidation.

2. Business entities and organizations providing electronic commerce services shall have the obligation to periodically report on their service provision activities to serve the purpose of electronic commerce statistics.

3. The Minister of Industry and Trade shall specify the reporting system for statistical purposes applicable to business entities and organizations providing electronic commerce services, as well as localities with businesses engaged in electronic commerce.

Chapter II
CONTRACTING IN ELECTRONIC COMMERCE

Section 1
ELECTRONIC DOCUMENTS IN COMMERCIAL TRANSACTIONS

Article 9. Legal Value Equivalent to Original Documents

1. An electronic document in commercial transactions shall have legal value equivalent to original documents if it satisfies both of the following conditions:

a) There is sufficient reliable assurance regarding the integrity of the information contained in the electronic document from the time it was first created in electronic form;

b) The information contained in the electronic document can be accessed and used in its complete form when necessary.

2. The criterion for assessing integrity is that the information remains complete and has not been altered, except for changes in format arising during the exchange, storage, or display of the electronic document.

3. The criterion for sufficient reliable assurance is when one of the following measures is applied based on the agreement between the parties exchanging and using the electronic document:

a) Signing the electronic document with a digital signature issued by a legitimate service provider of digital signature certification;

b) Storing the electronic document in the system of a service provider of electronic contract certification that has been licensed and agreed upon by the parties;

c) Assurance from the business entity or organization providing the infrastructure for the creation, sending, and storing of the electronic document regarding the integrity of the information contained in the electronic document during the sending and storage process on the system;

d) Another measure agreed upon by the parties.

Article 10. Time and Place for Sending and Receiving Electronic Documents

1. The time of sending an electronic document is the moment when the electronic document leaves the information system under the control of the originator or the representative of the originator. In cases where the electronic document does not leave the information system under the control of the originator or the representative of the originator, the time of sending is the moment when the electronic document is received.

2. Where the parties have not agreed otherwise, the time of receiving an electronic document is the moment when the electronic document reaches the electronic address indicated by the recipient and becomes accessible.

3. The place of business of the originator shall be considered as the place of sending the electronic document, and the place of business of the recipient shall be considered as the place of receiving the electronic document.

Article 11. Place of Business of the Parties

1. The place of business of each party is the place indicated by that party, unless the other party clearly states that the party does not have a place of business at that location.

2. In cases where one party has multiple places of business but does not indicate which place of business, the place of business is the place with the closest connection to the relevant contract considering all circumstances before and at the time of concluding the contract.

3. In cases where an individual does not have a place of business, the place of business is the place of permanent residence of that individual.

4. A place shall not be considered as a place of business if it is merely a location where machines or technological equipment of an information system used by a party to conclude a contract is located, or merely a location where other parties may access such information system.

5. A name associated with a domain name or email address of a party does not necessarily relate to the place of business of that party.

Article 12. Notice of Contract Proposal Without a Specific Recipient

An electronic document notice about a contract proposal without a specific recipient is only a notice inviting proposals. Such notice shall not be deemed a contract proposal, except when the notifier clearly specifies in the notice its responsibility in case of acceptance.

Article 13. Use of Automatic Information Systems

A contract concluded from interaction between an automatic information system and a person or between automatic information systems themselves shall not be denied legal validity solely because there is no human inspection or intervention in each specific action carried out by the automatic information systems or in the conclusion of the contract.

Article 14. Error in Entering Information in an Electronic Document

1. In cases where a person makes an error in entering information in an electronic document used to exchange with another party's automatic information system, but that automatic information system does not support the person in correcting the error, that person or the commercial entity, organization, or individual they represent has the right to withdraw the erroneous part of the electronic document if both of the following conditions are met:

a) Upon becoming aware of the error, that person or the commercial entity, organization, or individual they represent informs the other party about the error and clearly states that an error was made in this electronic document;

b) That person or the commercial entity, organization, or individual they represent has not yet used or obtained any material benefit or value from goods or services received from the other party.

2. The right to withdraw the erroneous part of the electronic document does not affect the responsibility for resolving consequences arising from errors outside those specified in Clause 1 of this Article.

Section 2
CONTRACT CONCLUSION USING ONLINE ORDERING FUNCTION ON ELECTRONIC COMMERCE WEBSITE

Article 15. Notice Inviting Contract Proposal

If an e-commerce website has an online ordering function applicable to specific goods or services introduced on that website, then the information about such goods or services and related terms shall be considered as the notice inviting the contract proposal from the trader, organization, or individual selling the goods according to Article 12 of this Decree.

Article 16. Providing Contract Terms when Using Online Ordering Function on E-commerce Websites

An e-commerce website with an online ordering function must provide customers with information about the contract terms specified from Article 30 to Article 34 of this Decree before the customer sends a contract proposal.

Article 17. Contract Proposal

The electronic document initiated and sent by the customer using the online ordering function is considered as the customer's contract proposal for the goods or services linked to that online ordering function.

Article 18. Reviewing and Confirming Contract Content

An e-commerce website must have a mechanism allowing customers to review, supplement, modify, and confirm transaction content before using the online ordering function to send a contract proposal. This reviewing and confirming mechanism must meet the following conditions:

1. Displaying the following information to the customer:

a) Name of goods or service, quantity, and type;

b) Method and delivery time or service provision period;

c) Total value of the contract and details related to payment methods chosen by the customer.

These pieces of information must be capable of being stored, printed, and displayed later on the customer's information system.

2. Displaying information to the customer regarding the method of responding to accept the contract proposal and the deadline for responding to the contract proposal.

3. Allowing the customer, after reviewing the above information, to choose to cancel the transaction or confirm the contract proposal.

Article 19. Responding to Contract Proposal

1. Acceptance or rejection of the contract proposal must be carried out in a form suitable for storing, printing, and displaying the information on the customer's information system.

2. When accepting the customer's contract proposal, the trader, organization, or individual selling the goods must provide the customer with the following information:

a) A complete list of all goods or services ordered by the customer, quantity, price of each product, and total contract value;

b) Delivery time or service provision period;

c) Contact information for the customer to inquire about the contract performance status if necessary.

Article 20. Termination of Contract Proposal

1. In cases where the trader, organization, or individual selling the goods has announced a response deadline for the contract proposal, if the customer does not receive a response beyond this deadline, the customer's contract proposal ceases to be effective. Any acceptance response after this deadline is considered a new contract proposal from the trader, organization, or individual selling the goods.

2. In cases where the trader, organization, or individual selling the goods does not clearly announce a response deadline for the contract proposal, if within 12 (twelve) hours from sending the contract proposal, the customer does not receive a response to the contract proposal, the customer's contract proposal is deemed to cease to be effective.

Article 21. Time of Contract Formation when Using Online Ordering Function on E-commerce Websites

The time of contract formation when using the online ordering function on e-commerce websites is the moment when the trader, organization, or individual selling goods responds to the customer's offer to form a contract, accepting it according to the provisions of Clause 2, Article 19 of this Decree.

Article 22. Procedures for Terminating Contracts for E-commerce Service Contracts and Other Online Services

1. E-commerce service provider websites and other online service provider websites must provide online tools that allow customers to send termination notices when they no longer need the service. These tools must meet the following conditions:

a) Allow customers to store and display the termination notice in their own information system after sending it;

b) Have a feedback mechanism so that customers know that their termination notice has been sent.

2. E-commerce service provider websites and other online service provider websites must publicly disclose transparent and complete information about the procedures and processes for terminating contracts, including the following contents:

a) Cases where traders, organizations, or individuals providing services terminate the contract and the methods for resolving the consequences of terminating the contract;

b) The effective date of the contract termination and the method of service fee payment in cases where the customer is the party terminating the contract;

c) If the website does not clearly publish the effective date of the contract termination in cases where the customer is the party terminating the contract, then the date the customer sends the notice shall be considered the effective date of the contract termination.

Article 23. Contract Formation on E-commerce Websites for Purchasing Goods

The Ministry of Industry and Trade shall specify the detailed procedures for online contract formation on e-commerce websites established by traders, organizations, or individuals to purchase goods or services.

Chapter III
ELECTRONIC COMMERCE ACTIVITIES

Article 24. Subjects of E-commerce Activities

The subjects participating in e-commerce activities include:

3. Traders, organizations, or individuals who use e-commerce service providers' websites to serve their trade promotion, sales, or service provision activities (sellers).

4. Traders, organizations, or individuals purchasing goods or services from e-commerce sales websites and e-commerce service provider websites (customers).

6. Traders, organizations, or individuals using other networked electronic devices to conduct commercial activities.

Article 25. Forms of organizing e-commerce activities

2. E-commerce service-providing website is an e-commerce website established by traders or organizations to provide an environment for other traders, organizations, or individuals to conduct commercial activities. The types of e-commerce service-providing websites include the following:

a) E-commerce trading platform;

b) Online auction website;

c) Online promotion website;

d) Other types of websites as specified by the Ministry of Industry and Trade.

3. Applications installed on electronic devices connected to the internet that allow users to access databases of other traders, organizations, or individuals to buy and sell goods, provide or use services must comply with regulations regarding e-commerce sales websites or e-commerce service-providing websites set forth in this Decree depending on the features of such applications.

4. The Ministry of Industry and Trade shall specify regulations concerning e-commerce activities conducted over mobile telecommunications networks.

Article 26. Principles of e-commerce activities

1. Principle of freedom and voluntary agreement in e-commerce transactions

Participants in e-commerce activities have the right to freely agree without contravening the provisions of the law to establish rights and obligations of each party in the transaction. Such agreements serve as the basis for resolving disputes arising during the transaction.

2. Principle of determining the scope of business operations in e-commerce

If traders, organizations, or individuals conduct sales, service provision, and promotional activities on e-commerce websites without specifying geographic boundaries for these activities, then such business operations are deemed to be carried out nationwide.

3. Principle of determining obligations to protect consumer rights in e-commerce activities

a) Owners of e-commerce sales websites and sellers on e-commerce service-providing websites must comply with the provisions of the Consumer Protection Law when providing goods and services to customers;

b) Customers on e-commerce service-providing websites are consumers of e-commerce services and consumers of goods and services provided by sellers on these websites;

c) In cases where sellers directly post information about their goods and services on e-commerce websites, the traders or organizations providing e-commerce services and the providers of infrastructure not being third-party information providers under the Consumer Protection Law are exempted from such obligations.

4. Principle of conducting restricted or conditional business activities through e-commerce

Subjects applying e-commerce to conduct restricted or conditional business activities must comply with relevant laws governing the sale of such goods and services.

Section 1
ACTIVITIES OF E-COMMERCE SALES WEBSITES

Article 27. Responsibilities of E-commerce Business Operators, Organizations, and Individuals Owning E-commerce Websites for Selling Goods

1. Notify the Ministry of Industry and Trade about the establishment of an e-commerce website for selling goods in accordance with the provisions of Section 1, Chapter IV of this Decree.

2. Fully provide information on the website in accordance with the provisions of this Section and be responsible for the accuracy and completeness of such information.

3. Comply with regulations on protecting personal information of customers as stipulated in Section 1, Chapter V of this Decree.

4. Implement the provisions set out in Section 2, Chapter II of this Decree if the website has online ordering functions.

5. Implement the provisions set out in Section 2, Chapter V of this Decree if the website has online payment functions.

6. Provide information about their business operations when requested by competent state agencies to serve statistical activities in e-commerce, inspection, supervision, and handling of violations in e-commerce.

7. Fully fulfill tax obligations in accordance with the law.

Article 28. Provision of Information on E-commerce Websites for Selling Goods

1. An e-commerce website for selling goods must fully provide information about the owner of the website, goods, services, and terms of sale contracts applicable to goods and services introduced on the website, as provided from Article 29 to Article 34 of this Decree.

2. These pieces of information must meet the following requirements:

a) Clear, accurate, easy to find, and easy to understand;

b) Arranged in corresponding sections on the website and accessible through online methods;

c) Capable of being stored, printed, and displayed later;

d) Clearly displayed to customers before the customer sends a request to enter into a contract.

Article 29. Information About the Owner of the Website

E-commerce business operators, organizations, and individuals owning an e-commerce website for selling goods must publish the following minimum information on the homepage of the website:

1. The name and address of the principal office of the business operator or organization, or the name and permanent residence address of the individual.

2. The registration number, date of issuance, and issuing authority of the business registration certificate of the business operator, or the establishment decision number, date of issuance, and issuing unit of the organization, or the individual taxpayer code of the individual.

3. A telephone number or another online contact method.

Article 30. Information About Goods and Services

For goods and services introduced on an e-commerce website for selling goods, business operators, organizations, and individuals must provide information enabling customers to accurately determine the characteristics of the goods and services to avoid misunderstandings when deciding to request a contract.

Article 31. Information About Prices

1. Information about the price of goods or services, if any, must clearly indicate whether that price includes or does not include related costs such as taxes, packaging fees, shipping fees, and other incidental costs associated with purchasing the goods or services.

2. Except where the parties have agreed otherwise, if the price information of goods or services listed on the website does not clearly indicate whether it includes or does not include related costs such as taxes, packaging fees, shipping fees, and other incidental costs associated with purchasing the goods or services, then this price is understood to include all related costs mentioned above.

3. For services on websites providing e-commerce services as specified in Sections 2 and 4 of this Chapter, the website must disclose detailed information about the service fee calculation method and payment mechanism.

Article 32. Information on General Trading Conditions

1. Businesses, organizations, and individuals must disclose general trading conditions for goods or services introduced on their websites, including:

a) Conditions or restrictions on the provision of goods or services, such as time limits or geographic scope, if applicable;

b) Return policy, including return period, payment or exchange methods for purchased goods, refund procedures, and costs associated with returns;

c) Product warranty policy, if applicable;

d) Service standards, service delivery processes, fee schedules, and other terms related to service provision, including any conditions and restrictions;

đ) Obligations of the seller and obligations of the customer in each transaction.

2. General trading conditions must be displayed in contrasting colors with the background of the section of the website where they are posted, and the language used to express these conditions must include Vietnamese.

3. In cases where the website has an online ordering function, the seller must have a mechanism allowing customers to read and express their agreement to the general trading conditions separately before submitting a contract proposal.

Article 33. Information on Delivery and Receipt

1. Businesses, organizations, and individuals must disclose the following information about delivery and receipt conditions applicable to goods or services introduced on their websites:

a) Methods of delivering goods or providing services;

b) Estimated delivery or service provision timeframes, taking into account geographical distance and delivery method;

c) Geographic limitations for delivery or service provision, if applicable.

2. In case of delays in delivery or service provision, businesses, organizations, and individuals must promptly inform customers and provide opportunities for customers to cancel the contract if desired.

Article 34. Information on Payment Methods

1. Businesses, organizations, and individuals must disclose all payment methods applicable to goods or services introduced on their websites, along with clear and accurate explanations so that customers can understand and choose appropriate payment methods.

2. If the e-commerce website has an online payment function, businesses, organizations, and individuals must establish a mechanism allowing customers to review and confirm detailed information about each transaction before making payments.

Section 2
ELECTRONIC COMMERCE MARKETPLACE ACTIVITIES

Article 35. Provision of Electronic Commerce Marketplace Services

1. Businesses and organizations providing electronic commerce marketplace services are those establishing e-commerce websites enabling other businesses, organizations, and individuals to conduct part or all of the buying and selling process of goods or services thereon.

2. Forms of operation of electronic commerce marketplaces:

a) Websites allowing participants to open shops to display and introduce goods or services;

b) Websites allowing participants to set up branch websites to display and introduce goods or services;

c) Websites with dedicated sections for buying and selling, allowing participants to post purchase and sale notices for goods and services;

d) Other types of websites as specified by the Ministry of Industry and Trade.

3. Websites operating under the commodity exchange model:

a) Businesses and organizations establishing e-commerce websites, allowing participants to trade goods according to the commodity exchange model must hold a license to establish a commodity exchange and comply with legal regulations concerning commodity exchanges;

b) The Ministry of Industry and Trade shall specify the monitoring mechanisms, information transaction connection between state management agencies and commodity exchanges, and other requirements for the operation of websites operating under the commodity exchange model.

Article 36. Responsibilities of traders and organizations providing electronic commerce trading platform services

1. Register to establish a website providing electronic commerce trading platform services in accordance with the provisions of Section 2 Chapter IV of this Decree and publish the registered information on the homepage of the website.

2. Develop and publicly announce on the website the operational regulations of the electronic commerce trading platform in accordance with Article 38 of this Decree; monitor and ensure the implementation of such regulations on the electronic commerce trading platform.

3. Require traders, organizations, and individuals who are sellers on the electronic commerce trading platform to provide information in accordance with Article 29 of this Decree when registering to use the service.

4. Establish mechanisms for monitoring and supervising to ensure that the provision of information by sellers on the electronic commerce trading platform is accurate and complete.

5. Store registration information of traders, organizations, and individuals participating in the electronic commerce trading platform and regularly update relevant changes and additions.

6. Set up a mechanism allowing traders, organizations, and individuals participating in the electronic commerce trading platform to perform the contract formation process in accordance with the provisions of Section 2 Chapter II of this Decree if the website has online ordering functionality.

7. Apply necessary measures to ensure the security of information related to business secrets of traders, organizations, and individuals and personal information of consumers.

8. Take timely measures when detecting or receiving reports about illegal business activities on the electronic commerce trading platform.

9. Support state management agencies in investigating illegal business activities, provide registration information, transaction history, and other documents about entities engaging in illegal activities on the electronic commerce trading platform.

10. Publicly announce the mechanism for resolving disputes arising during transactions on the electronic commerce trading platform. When customers on the electronic commerce trading platform have conflicts with sellers or suffer damage to their legitimate rights and interests, they must provide customers with information about the seller and actively support customers in protecting their rights and legitimate interests.

Article 37. Responsibilities of Sellers on Electronic Commerce Trading Platforms

1. Provide complete and accurate information as prescribed in Article 29 of this Decree to traders and organizations providing electronic commerce trading platform services when registering to use the service.

2. Provide complete information about goods and services in accordance with Articles 30 to 34 of this Decree when selling goods or providing services on the electronic commerce trading platform.

3. Ensure the accuracy and honesty of information about goods and services provided on the electronic commerce trading platform.

4. Implement the provisions of Section 2 Chapter II of this Decree when applying the online ordering function on the electronic commerce trading platform.

5. Provide information about their business situation upon request from competent state authorities to serve e-commerce statistical activities.

6. Comply with legal provisions on payment, advertising, promotions, intellectual property rights protection, consumer rights protection, and other related legal provisions when selling goods or providing services on the electronic commerce trading platform.

7. Fully fulfill tax obligations in accordance with the law.

Article 38. Rules for the operation of electronic commerce trading platforms

1. The rules for the operation of electronic commerce trading platforms must be displayed on the homepage of the website.

2. The rules for the operation of electronic commerce trading platforms must include the following contents:

a) Rights and obligations of traders and organizations providing electronic commerce trading platform services;

b) Rights and obligations of users of electronic commerce trading platform services;

c) Description of transaction procedures for each type of transaction that can be conducted on the electronic commerce trading platform;

d) Monitoring activities and authority to handle violations by traders and organizations providing electronic commerce trading platform services when discovering illegal business activities on the trading platform;

đ) Rights and obligations of parties involved in transactions conducted on the electronic commerce trading platform;

e) Limitation of liability of traders and organizations providing electronic commerce trading platform services in transactions conducted on the platform;

g) Provisions regarding information security and management of information on the electronic commerce trading platform;

h) Mechanism for resolving complaints and disputes between parties related to transactions conducted on the electronic commerce trading platform;

i) Policy for protecting personal information of users of electronic commerce trading platform services as stipulated in Article 69 of this Decree;

k) Measures to address acts infringing upon consumer rights on the electronic commerce trading platform;

l) Measures to address violations by those who do not comply with the rules for the operation of the electronic commerce trading platform.

3. When there is a change in any of the contents specified in Clause 2 of this Article, traders and organizations providing electronic commerce trading platform services must notify all service users of the trading platform at least five days before implementing such changes.

Section 3
ACTIVITIES OF PROMOTIONAL WEBSITES

Article 39. Provision of online promotional services

1. Traders and organizations providing online promotional services are traders and organizations establishing online promotional websites to promote goods and services of other traders, organizations, and individuals (referred to as partners) according to the terms of the promotional service contract.

2. Forms of online promotional services:

a) Selling purchase vouchers or service usage vouchers allowing customers to buy goods or use services from partners at discounted prices or enjoy other benefits;

b) Selling customer loyalty cards enabling customers to use goods and services from a system of partners at discounted prices or enjoy other benefits compared to purchasing goods and services individually from each partner;

c) Other forms of online promotional services as prescribed by the Ministry of Industry and Trade.

Article 40. Information about promotional activities on online promotional websites

1. Information about each promotional activity posted on online promotional websites must include the following contents:

a) Name, address, phone number, and other contact information of the trader, organization, or individual whose goods or services are being promoted;

b) Description of the goods or services being promoted and the goods or services used for promotion, including information on the origin, specifications, quality of the goods and services;

c) Promotion period, start date, end date, and geographical area of the promotion;

d) Price of goods sold and service supply price prior to the promotion;

đ) Total actual cost that customers must pay to acquire the promoted goods or use the promoted services, including payment to the trader or organization providing online promotional services;

e) Specific content of conditions attached to the promotion of goods or services.

2. If the website has a mechanism for receiving online reviews or feedback from customers about the promoted goods or services, these opinions must be publicly displayed on the website for other customers to view.

Article 41. Responsibilities of traders and organizations providing online promotional services

1. Register to establish a website providing online promotional services in accordance with the provisions set out in Section 2 Chapter IV of this Decree.

2. Comply with the provisions of the Commercial Law and other relevant laws regarding promotional activities.

3. Comply with regulations on protecting personal information of customers as stipulated in Section 1, Chapter V of this Decree.

4. Implement the provisions set out in Section 2 Chapter II of this Decree if the website has the function of placing orders online for purchase vouchers, service usage vouchers, or customer loyalty cards.

5. Implement the provisions set out in Section 2, Chapter V of this Decree if the website has online payment functions.

6. Fully disclose all contents prescribed in Article 40 of this Decree in each promotional information posted on their website.

7. Develop and publish on the website regulations governing operations in compliance with the provisions set out in Article 38 of this Decree.

8. Develop and publish on the website mechanisms for receiving and resolving complaints from customers regarding the quality of promoted goods and services or goods and services used for promotion.

9. Bear third-party responsibility for providing information about goods and services to consumers in accordance with the Consumer Protection Law.

10. Compensate customers if purchase vouchers, service usage vouchers, or customer loyalty cards issued by themselves are refused by partners contrary to the conditions published on the website or on the vouchers themselves.

Article 42. Responsibilities of traders and organizations, individuals having goods and services promoted

1. Provide accurate and complete information about promoted goods and services.

2. Fulfill the commitments regarding the quality of promoted goods and services as provided according to the information given.

Article 43. Promotional Service Contract

1. The promotional service contract between traders and organizations providing online promotional services and traders and organizations, individuals having goods and services promoted shall be carried out in accordance with the provisions of Article 90 of the Commercial Code and must include the following contents:

a) Define the responsibilities of each party in implementing procedures and formalities to carry out promotional activities in accordance with the law on promotions;

b) Specify the obligations to resolve complaints and compensate customers in cases where promoted goods and services or goods and services used for promotion do not match the announced or committed content.

2. Traders and organizations providing online promotional services will bear responsibility for performing the obligations mentioned in Points a and b Clause 1 of this Article if the promotional service contract does not specifically stipulate the above contents.

Section 4
ONLINE AUCTION WEBSITE ACTIVITIES

Article 44. Provision of Online Auction Services

1. A trader or organization providing online auction services (hereinafter referred to as the online auction service provider) is a trader or organization establishing an online auction website for other traders, organizations, and individuals to organize auctions for their goods thereon.

2. If a trader or organization providing online auction services does not register to operate auction services, they shall not organize online auctions.

Article 45. Requirements for technical systems serving online auction activities

1. Technical systems serving online auction activities must have the following minimum functions:

a) Recording and storing all bid prices during an auction.

b) After the start of an auction, displaying on the website every 30 (thirty) seconds the highest recorded bid price and the bidder at that price so that all participants can view it.

2. In cases where the system does not allow auction participants to retract their bids, the system must clearly notify the participants about this before the auction starts. The notification must specify the responsibilities of the auction participants in the event they bid but do not purchase the item.

Article 46. Responsibilities of traders and organizations providing online auction services

1. Registering the online auction website according to the provisions of Section 2, Chapter IV of this Decree.

2. Fulfilling the responsibilities stipulated in Article 36 of this Decree.

3. Determining the method and procedure for online auctions.

4. Building technical systems serving online auction activities to enable sellers to organize auctions according to the determined method and procedure.

5. Providing online tools for sellers to announce and publicly post complete and accurate information related to auctioned goods.

6. Providing online tools for sellers to upload images of the goods, samples, or promotional materials about the goods for potential bidders to review.

7. Providing sellers with information about the progress of the auction they organized upon request.

8. Issuing and sending the auction result notice to the seller, buyer, and other relevant parties as prescribed in Article 51 of this Decree.

9. Bearing responsibility in case of technical system errors causing the auction to fail to proceed:

a) If a technical system error prevents the auction from starting at the time the seller planned to hold the auction, the online auction service provider must refund the seller all costs related to organizing the auction that the seller had paid to the online auction service provider.

b) If a technical system error prevents bidders from continuing to bid after the auction has started, the online auction service provider must cancel the auction results and allow the seller to hold the auction again, while bearing all costs related to reorganizing the auction.

Article 47. Responsibilities of the seller on the online auction website

1. Announcing and publicly posting complete and accurate information related to the auctioned goods.

2. Publishing the starting price; the acceptable selling price, if applicable.

3. Being responsible for the quality and specifications of the auctioned goods.

4. Resolving complaints from buyers regarding the auctioned goods.

5. Not selling goods that are collateral, pledged, or subject to disputes.

6. Fulfilling other responsibilities as prescribed in Article 37 of this Decree.

Article 48. Auction Location and Time

1. The auction location is the place of permanent residence registration or the headquarters of the seller.

2. The auction time is determined by the seller.

3. The bidding time of the auction participant is the time when the electronic document notifying a specific bid price in an auction is sent.

4. The time of recording a bid price is the time when the trader's or organization's online auction service technical system receives the electronic document notifying the bid price of the auction participant.

Article 49. Announcement of Auction of Goods

The announcement of auction of goods shall be made on the online auction website and must include the following contents:

1. The time to start the auction.

2. The time to end the auction.

3. Contact information of the seller.

4. Necessary information related to the goods.

5. Starting price.

6. Acceptable selling price, if any.

7. Payment period and method.

8. Delivery period and method for the buyer after the auction ends.

9. In cases where the auction object is goods that must be registered under the provisions of the law, the announcement of auction of goods must also include the following contents:

a. Time and place to display the goods.

b. Time and place to review the goods' dossier.

c. Time and place to register to purchase the goods.

d. Time and method to proceed with the transfer of ownership procedures for the goods.

Article 50. Determination of Buyer

1. For the bid-up method, the buyer is the first person who offers a final bid higher than the previous bid and higher than the acceptable selling price, recorded by the information system of the trader or organization providing online auction services before the end of the auction.

2. For the bid-down method, the buyer is the first person who accepts the starting price or a lower price than the starting price; recorded by the information system of the trader or organization providing online auction services before the end of the auction.

3. In cases where multiple people simultaneously offer the final bid for the bid-up method or the initial bid for the bid-down method, the seller must organize a draw among those people to determine the buyer.

Article 51. Notification of Auction Results

1. Traders and organizations providing online auction services must prepare a notification of auction results immediately after the end of the auction, including in cases where the auction does not succeed.

2. The notification must clearly state information about the goods, the final bid price received, the time when the system received the final bid, and contact information of the buyer.

3. For goods that must be registered for ownership according to the law, the notification of auction results serves as the basis for establishing a sales contract for auctioned assets and implementing related procedures to transfer ownership of such goods.

4. The notification of auction results will be sent to the electronic address registered with the trader or organization providing online auction services by both the seller and the buyer.

5. In cases where multiple people simultaneously offer the final bid for the bid-up method or the initial bid for the bid-down method, the system must send notifications to all these individuals and require them to conduct a draw to determine the buyer. The form of organizing the draw is decided by the seller.

Chapter IV
MANAGEMENT OF ELECTRONIC COMMERCE ACTIVITIES

Section 1
MANAGEMENT OF ELECTRONIC COMMERCE WEBSITES FOR SALES

Article 52. Conditions for Establishing Electronic Commerce Websites for Sales

Traders, organizations, and individuals may establish electronic commerce websites for sales if they meet the following conditions:

1. Being a trader or organization with appropriate functions or tasks, or an individual who has been issued an individual tax code.

2. Having a website with a valid domain name and complying with regulations on managing information on the Internet.

3. Having reported to the Ministry of Industry and Trade regarding the establishment of an electronic commerce website for sales in accordance with Article 53 of this Decree.

Article 53. Procedure for Notifying the Establishment of E-commerce Websites for Selling Goods

1. Business entities, organizations, or individuals establishing e-commerce websites for selling goods must notify the Ministry of Industry and Trade through an online notification tool on the Portal for Managing E-commerce Activities.

2. The information to be notified includes:

a) The domain name of the e-commerce website;

b) Types of goods and services introduced on the website;

c) The registered name of the business entity, organization, or the name of the individual owning the website;

d) The headquarters address of the business entity, organization, or the permanent residence address of the individual;

đ) The registration number, date of issuance, and issuing authority of the business registration certificate of the business entity, or the establishment decision number, date of issuance, and issuing unit of the organization; or the personal tax code of the individual;

e) The name, position, identification card number, telephone number, and email address of the representative of the business entity or the person responsible for the e-commerce website;

g) Other information as prescribed by the Ministry of Industry and Trade.

Section 2
MANAGEMENT OF WEBSITES PROVIDING E-COMMERCE SERVICES

Article 54. Conditions for Establishing Websites Providing E-commerce Services

Business entities and organizations may establish websites providing e-commerce services specified in Sections 2, 3, and 4 of Chapter III of this Decree when they meet the following conditions:

1. They are business entities or organizations with appropriate business activities or functions.

2. Having a website with a valid domain name and complying with regulations on managing information on the Internet.

3. They have a service provision project detailing the following contents:

a) Organizational structure and operation model, including service provision activities and promotion and marketing activities both within and outside the online environment;

b) Structure, features, and main information categories on the service-providing website;

c) Allocation of rights and responsibilities between the business entity or organization providing e-commerce services and users of the service.

4. They have registered the establishment of the website providing e-commerce services and received confirmation from the Ministry of Industry and Trade according to Articles 55 and 58 of this Decree.

Article 55. Registration Procedure for Establishing Websites Providing E-commerce Services

1. Business entities and organizations shall proceed with online registration with the Ministry of Industry and Trade regarding the establishment of websites providing e-commerce services after the website has been completed with all structures, features, and information as stipulated in the service provision project, has been operational at the registered domain name address, and before officially providing services to users.

2. The registration dossier includes:

a) Application for registering the establishment of a website providing e-commerce services;

b) Certified copy of the establishment decision (for organizations), business registration certificate, investment certificate, or investment permit (for business entities);

c) Service provision project as prescribed in Clause 3 of Article 54 of this Decree;

d) Management regulations for the operation of the website providing e-commerce services complying with the provisions of this Decree and related laws;

đ) Sample service provision contracts, general terms and conditions of transactions, if any;

e) Other documents as prescribed by the Ministry of Industry and Trade.

Article 56. Amendment, Supplement, Re-registration, and Withdrawal of Registration

1. Business entities and organizations establishing websites providing e-commerce services must notify amendments or supplements to the registration information when any of the following changes occur:

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

b) Change of the business entity's representative or the person responsible for the website providing services;

c) Change in the business address or contact information;

d) Change of the domain name;

đ) Change of the management regulations and transaction conditions on the website providing services;

e) Change in terms of service contracts;

g) Change or addition of services provided on the website;

e) Other changes as prescribed by the Ministry of Industry and Trade.

2. When receiving a transfer of a website providing e-commerce services, business entities and organizations must re-register according to the provisions of Article 55 of this Decree.

3. Websites providing e-commerce services will have their registrations terminated in the following cases:

a) At the request of the business entity or organization providing e-commerce services;

b) The business entity or organization providing e-commerce services ceases operations or transfers the website providing e-commerce services to another business entity or organization;

c) Over thirty days without activity or response to information requests from state management agencies;

d) The business entity or organization providing e-commerce services has had its registration canceled according to Clause 2 of Article 78 of this Decree;

đ) Other cases as prescribed by the Ministry of Industry and Trade.

Article 57. Obligation to Report

Before January 15 each year, traders and organizations providing e-commerce services must report to the Ministry of Industry and Trade statistical data on their activities of the previous year in accordance with Article 8 of this Decree.

Article 58. Authority to Register

1. The Ministry of Industry and Trade shall be the entity confirming registration for websites providing e-commerce services.

2. The Ministry of Industry and Trade shall specify in detail the requirements for the content of the application dossier, procedures, and formalities for registration, amendment, supplementation, suspension, and cancellation of registration for websites providing e-commerce services.

Article 59. Publicizing Registration Information

1. Immediately after confirmation of registration, the website providing e-commerce services will have the registration emblem displayed on its homepage. When users select this emblem, they will be directed to the registration information section of the trader or organization providing e-commerce services at the E-commerce Activities Management Portal.

2. The Ministry of Industry and Trade shall publish a list of websites providing e-commerce services that have registered, suspended, or had their registrations canceled on the E-commerce Activities Management Portal and other mass media.

Section 3
EVALUATION, SUPERVISION AND VERIFICATION ACTIVITIES IN ELECTRONIC COMMERCE

Article 60. General Principles

1. Traders and organizations conducting credit evaluation activities for e-commerce websites must register with the Ministry of Industry and Trade.

2. Traders and organizations conducting the following activities must obtain a license from the Ministry of Industry and Trade:

a) Credit evaluation and certification of personal information protection policies of traders, organizations, and individuals participating in e-commerce activities;

b) Verification of electronic contracts.

Article 61. Credit Evaluation Activities for E-commerce Websites

1. Conditions for conducting credit evaluation activities for e-commerce websites:

a) Being a trader or organization established under Vietnamese law, having appropriate functions and tasks;

b) Being independent in organizational and financial terms from traders, organizations, and individuals who own the evaluated e-commerce websites;

c) Having criteria and procedures for evaluating e-commerce websites that are publicly disclosed, transparent, and uniformly applied to all evaluated entities;

d) Having registered for credit evaluation activities for e-commerce websites with the Ministry of Industry and Trade and been confirmed in registration.

2. Traders and organizations conducting credit evaluation activities for e-commerce websites will have their registrations canceled in the following cases:

a) Engaging in fraudulent behavior or providing false information during the registration process;

b) Not complying with the publicly disclosed evaluation criteria and procedures;

c) Exploiting credit evaluation activities to engage in actions aimed at obtaining improper benefits.

3. The Ministry of Industry and Trade shall specify in detail the activities of credit evaluation for e-commerce websites, the content of the application dossier, procedures, and formalities for registration, amendment, supplementation, cancellation, and suspension of registration for traders and organizations conducting these activities.

4. Obligations of Traders and Organizations Conducting Credit Evaluation Activities for E-commerce Websites:

a) Monitoring the activities of e-commerce websites that have been awarded trust emblems;

b) Cooperating closely with state management agencies in inspecting, examining, and handling e-commerce websites that have been awarded trust emblems but show signs of violating the law;

c) Before the 5th day of each month, reporting to the Ministry of Industry and Trade an updated list of e-commerce websites that have been awarded trust emblems up to the end of the previous month;

d) Before January 15 each year, reporting to the Ministry of Industry and Trade on the credit evaluation activities for e-commerce websites of the previous year.

Article 62. Activities of evaluating and certifying personal data protection policies in e-commerce

1. Conditions for granting permission to traders and organizations conducting activities of evaluating and certifying personal data protection policies in e-commerce:

a) Being a trader or organization established under Vietnamese law;

b) Having a business registration or establishment decision that clearly states the field of activity is evaluating and certifying personal data protection policies in e-commerce;

c) Being independent in organizational and financial terms from traders, organizations, and individuals being evaluated and certified on personal data protection policies;

d) Having a detailed operational plan that has been reviewed by the Ministry of Industry and Trade;

đ) Having evaluation criteria and procedures for personal data protection policies that comply with the regulations of the Ministry of Industry and Trade.

2. The permit for evaluating and certifying personal data protection policies in e-commerce shall have a term according to the application for permission.

3. Traders and organizations will have their permits for evaluating and certifying personal data protection policies revoked in the following cases:

a) Engaging in fraudulent behavior or providing false information to obtain a permit;

b) Violating the evaluation procedures and criteria that have been reviewed by the Ministry of Industry and Trade;

c) Exploiting the evaluation and certification of personal data protection policies to carry out actions aimed at obtaining improper benefits;

d) Not implementing services within 180 (one hundred eighty) days from the date of receiving permission.

4. Obligations of traders and organizations evaluating and certifying personal data protection policies in e-commerce:

a) Monitoring the compliance of traders and organizations that have been certified regarding personal data protection policies;

b) Closely coordinating with state management agencies in inspecting, examining, and handling traders and organizations that have been certified regarding personal data protection policies but show signs of violating the law;

c) Reporting to the Ministry of Industry and Trade before January 15 each year on the results of evaluating and certifying personal data protection policies in e-commerce of the previous year.

5. The Ministry of Industry and Trade shall specify the criteria and procedures for evaluating and certifying personal data protection policies, the process and procedures for issuing, amending, supplementing, and revoking permits for these organizations.

6. Recognition of foreign organizations evaluating and certifying personal data protection policies:

a) Certificates on personal data protection policies in e-commerce issued by foreign organizations evaluating and certifying personal data protection policies shall be recognized when such organizations are granted recognition certificates by the Ministry of Industry and Trade;

b) Foreign organizations evaluating and certifying personal data protection policies shall be granted recognition certificates when they meet the following conditions:

- Such organizations are licensed or certified by competent authorities in their countries to operate in this field;

- Such organizations are recognized by an international organization of which Vietnam is a member;

- The evaluation standards and certification of personal data protection policies of such organizations are not lower than those specified by the Ministry of Industry and Trade;

- Such organizations commit to complying with the obligations stipulated in Clause 4 of this Article.

c) The Ministry of Industry and Trade shall specify the procedures and processes for issuing and revoking recognition certificates for foreign organizations evaluating and certifying personal data protection policies.

Article 63. Activities of electronic contract certification

1. Conditions for granting permission to conduct activities for traders and organizations providing electronic contract certification services:

a) Requirements for subjects:

- Being a trader or organization established under Vietnamese law with appropriate functions and tasks;

- Having a detailed project for the provision of services that has been appraised by the Ministry of Industry and Trade.

b) Financial and technical requirements:

The Ministry of Industry and Trade shall specify the financial and technical requirements for traders and organizations providing electronic contract certification services.

2. The business license for traders and organizations providing electronic contract certification services shall have a term according to the licensing application.

3. Obligations of traders and organizations providing electronic contract certification services:

a) To be responsible for the confidentiality and integrity of electronic documents they store and certify;

b) To provide documents and support state management agencies in investigating violations of laws related to electronic documents they store and certify;

c) Before January 15th each year, report to the Ministry of Industry and Trade on the situation of providing electronic contract certification services in the previous year.

4. The Ministry of Industry and Trade shall stipulate in detail the procedures for establishment and operational regulations of traders and organizations providing electronic contract certification services; cases for revoking business licenses; procedures and formalities for issuing, amending, supplementing, and revoking business licenses of these traders and organizations.

Section 4
ELECTRONIC COMMERCE ACTIVITY MANAGEMENT INFORMATION PORTAL

Article 64. Functions of the Electronic Commerce Activity Management Information Portal

1. The Ministry of Industry and Trade is responsible for building, updating, and maintaining the Electronic Commerce Activity Management Information Portal.

2. The Electronic Commerce Activity Management Information Portal shall have the following functions:

a) Providing online public services for procedures to notify the establishment of e-commerce websites for selling goods as prescribed in Section 1 of this Chapter;

b) Providing online public services for procedures to register e-commerce websites providing commercial services as prescribed in Section 2 of this Chapter;

c) Providing information on guidance regarding procedures and forms for registration procedures, and procedures for applying for permits for monitoring, evaluation, and certification services in e-commerce as prescribed in Section 3 of this Chapter;

d) Publicly announcing information as prescribed in Articles 65, 66, and 67 of this Decree.

Article 65. List of e-commerce websites that have completed notification and registration procedures

1. The Ministry of Industry and Trade shall publicly announce on the Electronic Commerce Activity Management Information Portal the following lists:

a) List of e-commerce websites for selling goods that have notified as prescribed in Section 1 of this Chapter;

b) List of e-commerce websites providing commercial services that have registered as prescribed in Section 2 of this Chapter.

2. The list announced as prescribed in Clause 1 of this Article shall include the following information:

a) Name of the e-commerce website and type of website as notified or registered with the Ministry of Industry and Trade;

b) Name and contact information of the trader, organization, or individual owning the e-commerce website;

c) Business registration number of the trader, decision number of establishment of the organization, or personal tax code of the individual owning the e-commerce website.

Article 66. List of traders and organizations providing credit rating services for electronic commerce websites

1. The Ministry of Industry and Trade shall publicly announce on the portal for managing electronic commerce activities the list of traders and organizations providing credit rating services for electronic commerce websites that have registered in accordance with the provisions of Section 3 of this Chapter.

2. The list announced as prescribed in Clause 1 of this Article shall include the following information:

a) Name of the trader or organization providing credit rating services for electronic commerce websites;

b) Business registration number or establishment decision number of the trader or organization;

c) Head office address, telephone number, and email address of the trader or organization;

d) List of electronic commerce websites to which the trader or organization has attached the trust symbol.

Article 67. List of electronic commerce websites advising consumers to exercise caution

1. The Ministry of Industry and Trade shall publicly announce on the Electronic Commerce Activity Management Information Portal the following lists:

a) List of electronic commerce websites that violate legal regulations;

b) List of electronic commerce websites reported to have signs of violating the law.

2. The Ministry of Industry and Trade shall specify detailed mechanisms for receiving and announcing information reports from organizations and individuals regarding the electronic commerce websites mentioned in Clause 1 of this Article.

Chapter V
SECURITY AND SAFETY IN ELECTRONIC COMMERCE TRANSACTIONS

Section 1
PROTECTION OF PERSONAL INFORMATION IN ELECTRONIC COMMERCE

Article 68. Responsibility for protecting personal information of consumers

1. During the operation of electronic commerce trading, if traders, organizations, or individuals collect personal information of consumers, they must comply with the provisions of this Decree and related laws concerning the protection of personal information.

2. In cases where traders, organizations, or individuals engaged in electronic commerce trading delegate third parties to collect and store personal information of consumers:

a) The contract between both parties must clearly stipulate each party's responsibilities in complying with the provisions of this Decree and related laws concerning the protection of personal information;

b) If the contract between both parties does not clearly stipulate each party's responsibilities, the trader, organization, or individual engaged in electronic commerce trading shall be responsible in case the collection, storage, and use of personal information of consumers violates the provisions of this Decree and related laws concerning the protection of personal information.

Article 69. Personal Information Protection Policy for Consumers

1. Traders, organizations, or individuals collecting and using personal information of consumers must establish and publicly announce a personal information protection policy containing the following contents:

a) Purpose of collecting personal information;

b) Scope of using information;

c) Duration of storing information;

d) Persons or organizations that may access such information;

đ) Address of the entity collecting and managing information, including contact methods for consumers to inquire about the collection and processing of information related to themselves;

e) Methods and tools for consumers to access and edit their personal data on the electronic commerce system of the information collector.

2. These contents must be clearly displayed to consumers before or at the time of collecting information.

3. If information collection is carried out through the electronic commerce website of the information collector, the personal information protection policy must be publicly announced in a visible location on the website.

Article 70. Consent for Collection of Information from Consumers

1. Except for cases stipulated in Clause 4 of this Article, traders and organizations collecting and using personal information of consumers on e-commerce websites (referred to as information collectors) must obtain prior consent from the consumer whose information it is (referred to as the information subject).

2. The information collector must establish a mechanism allowing the information subject to clearly express their consent through online functions on the website, email, text messages, or other agreed methods between both parties.

3. The information collector must have a separate mechanism allowing the information subject to choose whether to permit or not permit the use of their personal information in the following situations:

a) Sharing, disclosing, or transferring information to a third party;

b) Using personal information to send advertisements, product introductions, and other commercial information.

4. The information collector does not need to obtain prior consent from the information subject in the following cases:

a) Collecting personal information that has been publicly disclosed on e-commerce websites;

b) Collecting personal information to conclude or perform purchase and sale contracts for goods and services;

c) Collecting personal information to calculate prices, usage fees for information, products, and services in the online environment.

Article 71. Use of Personal Information

1. The information collector must use personal information of consumers in accordance with the purpose and scope announced, except in the following cases:

a) There is a separate agreement with the information subject regarding the purpose and scope of use beyond those announced;

b) To provide services or products at the request of the information subject;

c) To fulfill obligations prescribed by law.

2. The use of information provided for in this Article includes sharing, disclosing, and transferring personal information to third parties.

Article 72. Ensuring Safety and Security of Personal Information

1. The information collector must ensure safety and security for the personal information they collect and store, preventing the following actions:

a) Illegally accessing or stealing information;

b) Illegally using information;

c) Illegally altering or destroying information.

2. The information collector must have a mechanism to receive and resolve complaints from consumers related to the misuse of personal information beyond the announced purpose or scope.

3. In case the information system is attacked, posing a risk of losing consumer information, the information storage unit must report to the competent authority within twenty-four hours of discovering the incident.

Article 73. Checking, Updating, and Adjusting Personal Information

1. The information subject has the right to request the information collector to check, update, adjust, or delete their personal information.

2. The information collector has the obligation to check, update, adjust, or delete the personal information of the information subject upon request or provide the information subject with tools to self-check, update, or adjust their personal information.

Section 2
ELECTRONIC COMMERCE PAYMENT SECURITY

Article 74. Responsibilities of traders, organizations, and individuals owning online commerce websites with online payment functions

1. Traders, organizations, and individuals owning online commerce websites with online payment functions must ensure the safety and confidentiality of customer payment transactions, handle complaints, and compensate for losses in cases where customer payment information on the online commerce website is altered, deleted, canceled, copied, disclosed, illegally transferred, or stolen, causing damage to customers.

2. In cases where they develop payment solutions to serve their own online commerce websites, traders, organizations, and individuals owning the websites must apply the following measures to ensure the safety and confidentiality of customer payment transactions:

a) Establishing an information system serving payment activities that ensures uninterrupted online connection 24 hours a day, 7 days a week. The downtime for maintenance should not exceed 12 hours each time and prior notice must be given to customers.

b) Encrypting information and using security protocols to ensure that information is not exposed during transmission.

c) Deploying applications capable of detecting, warning, and preventing unauthorized access and various forms of cyber attacks targeting the information system serving online payment activities.

d) Implementing control measures for system access rights and entry and exit from locations where equipment for the information system serving online payment activities is located.

đ) Having procedures and systems for backing up and restoring data when the information system serving payment activities encounters issues, ensuring that payment data is backed up onto storage media or backed up online in full.

e) Storing transaction data according to the retention period specified in the Accounting Law.

g) In cases where customers make payments before purchasing goods and services, the payment amounts must be held at service providers and customers must be provided with tools to track their payment balances within the system.

3. Traders, organizations, and individuals owning online commerce websites with online payment functions must publish on their websites policies regarding the confidentiality of payment information for customers.

Article 75. Responsibilities of traders and organizations providing intermediary payment services for online commerce websites

1. Adhering to regulations and technical standards for intermediary payment services issued by the State Bank of Vietnam.

2. Storing transaction data processed through their systems according to the retention period specified in the Accounting Law.

3. Jointly bearing responsibility with traders, organizations, and individuals owning online commerce websites using their intermediary payment services in cases where customer payment information on those websites is altered, deleted, canceled, copied, disclosed, illegally transferred, or stolen, causing damage to customers.

4. Reporting to the Ministry of Industry and Trade statistical data on the provision of services to traders, organizations, and individuals participating in e-commerce activities by January 15th each year.

Chapter VI
DISPUTE RESOLUTION, INSPECTION,

INSPECTION AND VIOLATION HANDLING

Article 76. Dispute Resolution in E-commerce

1. Merchants, organizations, and individuals owning e-commerce websites for selling goods shall be responsible for receiving and handling complaints from customers related to contracts concluded on their e-commerce websites.

2. Disputes between merchants, organizations, and individuals selling goods and providing services with customers during the performance of contracts must be resolved based on the terms of the contract published on the website at the time of contract conclusion and relevant laws.

3. Merchants, organizations, and individuals selling goods and providing services may not take advantage of their advantages in the electronic environment to unilaterally resolve disputes without the customer's consent.

4. The resolution of disputes must be conducted through negotiations among the parties, mediation, arbitration, or court proceedings according to current procedures and regulations regarding dispute resolution.

5. Complaints and dispute resolution on e-commerce service provision websites:

a) Merchants and organizations providing e-commerce services must clearly publish on their websites the process of receiving complaints, responsibility for handling complaints from customers, and mechanisms for resolving disputes related to contracts concluded on their e-commerce websites;

b) If merchants and organizations providing e-commerce services fail to publish information as stipulated in Point a Clause of this Article, they shall directly bear the responsibility for receiving, handling complaints from customers, and resolving disputes related to contracts concluded on their e-commerce websites;

c) Merchants and organizations providing e-commerce services may participate in mediating disputes arising between customers and sellers on their e-commerce websites.

Article 77. Inspection and Supervision in E-commerce

1. Merchants and organizations specified in Section 3 Chapter IV of this Decree shall be subject to annual inspections by the Ministry of Industry and Trade on compliance with the provisions of this Decree and related documents. The results of the inspection shall be published on the portal for managing e-commerce activities.

2. Merchants and organizations specified in Sections 1 and 2 Chapter IV of this Decree shall be subject to inspection and supervision by the Ministry of Industry and Trade, Provincial Departments of Industry and Trade according to the law.

Article 78. Administrative Violation Handling in E-commerce

1. Merchants, organizations, and individuals committing the following violations shall be administratively sanctioned according to the nature and degree of violation under the law on administrative sanctions in the field of e-commerce:

a) Violating prohibitive acts in e-commerce activities as stipulated in Article 4 of this Decree;

b) Violating the provisions on contract formation in e-commerce;

c) Violating the responsibilities of subjects in e-commerce;

d) Violating the provisions on establishing e-commerce sales websites;

đ) Violating the provisions on registering e-commerce service provision websites;

e) Violating the provisions on evaluation and certification activities in e-commerce;

g) Violating the provisions on personal information protection in e-commerce;

h) Violating the provisions on payment security in e-commerce;

i) Failing to comply with the requirements of competent authorities when conducting inspections and supervision according to the law;

k) Continuing operations after being terminated from registration for e-commerce service provision;

l) Continuing operations after termination or cancellation of registration, termination or revocation of licenses for evaluation, monitoring, and certification activities in e-commerce;

m) Violating other provisions of this Decree.

2. In addition to administrative sanctions, management agencies shall consider the nature and degree of violation by merchants, organizations to issue decisions suspending operations, revoking license usage rights, or canceling registration of e-commerce service provision websites for violations stipulated in Clause 1 of this Article.

3. In cases where merchants, organizations, or individuals violate and cause material damage to the interests of others, they must compensate according to the law.

4. Principles of administrative sanction, time limit for administrative sanction, and procedures for administrative sanction in e-commerce activities shall be implemented according to the Law on Administrative Sanctions and related documents.

5. The Ministry of Industry and Trade’s Inspectorate, Market Management Agencies, Provincial Departments of Industry and Trade’s Inspectorates, and other state agencies have the authority to impose administrative sanctions in e-commerce activities according to their jurisdiction as stipulated in the Law on Administrative Sanctions and related documents.

Chapter VII
IMPLEMENTING PROVISIONS

Article 79. Effective Date

1. This Decree takes effect from July 1, 2013.

2. This Decree replaces Government Decree No. 57/2006/NĐ-CP dated June 9, 2006, on e-commerce.

3. E-commerce websites established and operating before the effective date of this Decree must proceed to notify or register according to the provisions of this Decree within ninety days from the date the Decree takes effect.

Article 80. Responsibility for Implementation

1. The Ministry of Industry and Trade is responsible for guiding and supervising the implementation of this Decree.

2. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, and Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.