Circular No. 59/2015/TT-BCT stipulates the management of e-commerce activities through applications on mobile devices.

CIRCULAR

Article 24regulating the management of electronic commerce activities through applications

on mobile devicesg

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Pursuant to Decree No. 95/2012/NĐ-CP dated 1October 2, 11 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and TradeFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.B. LEVELS OF APPROVAL/RECORDING OF REPORTS ON OIL AND GAS RESOURCES AND RESERVES

Pursuant to Decree No. 52/2013/NĐ-CP dated1May 16, 2013 of the Government on electronic commerce;

Upon the proposal of the Director of the Department of Electronic Commerce and Information Technology,

The Minister of Industry and Trade issues this Circular to regulate the management of electronic commerce activities through applications on mobile devices. reason This Circular regulates the detailed implementation and guidance for certain provisions regarding the management of electronic commerce activities through applications on mobile devices (hereinafter referred to as mobile applications) as stipulated in Decree No. 52/2013/NĐ-CP dated May 16, 2013 of the Government on electronic commerce (hereinafter referred to as Decree No. 52/2013/NĐ-CP).

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular does not apply to mobile applications in the banking, credit, insurance sectors, applications for buying and selling, exchanging money, gold, foreign exchange, and other payment means, payment applications, intermediary payment services, and financial services, online gaming applications, betting or prize-winning games applications. These applications are subject to the corresponding specialized laws.

Article 2. Applicability

a) Traders, organizations, and individuals owning sales applications;

b) Traders, organizations owning service-providing electronic commerce applications;

c) Traders, organizations, and individuals using service-providing electronic commerce applications to sell goods and services;

d) Organizations and individuals performing online reporting on the Portal for Managing Electronic Commerce Activities.

Traders, organizations, and individuals specified in Clause 1 of this Article are Vietnamese traders, organizations, and individuals; foreign individuals residing in Vietnam; foreign traders, organizations present in Vietnam through investment, establishment of branches or representative offices.

Sales application is an electronic commerce application on a mobile device established by traders, organizations, and individuals to serve their commercial promotion, sale of goods, or provision of services.

Service-providing electronic commerce application is an electronic commerce application on a mobile device established by traders, organizations to provide an environment for other traders, organizations, and individuals to conduct commerce, including e-commerce marketplace applications, online auction applications, and online promotional applications.

E-commerce marketplace application is a mobile application allowing traders, organizations, and individuals who are not the owners of the application to carry out part or all of the purchasing and selling process of goods and services on it.

Online promotional application is a mobile application established by traders, organizations to implement promotions for goods and services of other traders, organizations, and individuals according to the terms of the promotional service contract.

Online auction application is a mobile application providing solutions allowing traders, organizations, and individuals who are not the owners of the application to organize auctions for their goods on it.

Online ordering function is a feature of a mobile application that allows customers to initiate the contract formation process according to the terms published on the application, including contract formation with an automatic information system.

Digital content product is text, data, images, sound expressed in digital form, stored and transmitted over a network environment.

1. Business entities, organizations owning mobile applications with both sales functions and e-commerce service provision functions shall only perform registration procedures with the Ministry of Industry and Trade according to the provisions of Section 2 Chapter IV Decree No. 52/2013/ND-CP and the provisions of Section 2 Chapter II of this Circular.

2. For a single mobile application, business entities, organizations, and individuals shall only perform notification or registration procedures once for different versions of the application.

Article 5. Responsibilities of Business Entities, Organizations, and Individuals Owning Sales Applications

2. Provide the following complete information on the application:

a) Name and headquarters address of the business entity or organization, or name and permanent residence address of the individual;

b) Telephone number, email address, or another online contact method.

3. Protect consumer rights in e-commerce activities through mobile applications:

a) Comply with obligations regarding the protection of consumers' personal information as stipulated in Section 1 Chapter V of Decree No. 52/2013/ND-CP;

b) Inform consumers about the types of information that the application will collect from their mobile devices upon installation and use;

c) Not allow default settings that force consumers to use attached services when installing and using the application.

4. Implement the provisions of Articles 8 and 9 of this Circular if the sales application has an online ordering function.

5. Provide information about their business operations when requested by competent state agencies for statistical purposes related to e-commerce, inspection, examination, and handling of violations in e-commerce.

6. Adhere to regulations concerning payment, advertising, promotions, intellectual property rights protection, consumer rights protection, and other relevant laws when selling goods or providing services.

7. If using a sales application to trade goods and services listed in the catalog of goods and services subject to business conditions, they must fully comply with the legal requirements for such business conditions; simultaneously publish on the application the number, date, and place of issuance of the certificate of eligibility to operate for those goods and services where such a certificate is required by law.

1. Register with the Ministry of Industry and Trade the application providing e-commerce services according to the provisions of Section 2 Chapter II of this Circular.

2. Establish and publish on the application the following information:

a) Scope of responsibility of the business entity or organization owning the application in transactions conducted through the application;

b) Rights and obligations of parties involved in transactions conducted through the application;

c) Mechanism for resolving complaints and disputes between parties related to transactions conducted through the application;

d) Policy for protecting personal information of users of the application as stipulated in Article 69 of Decree No. 52/2013/ND-CP;

đ) Measures to handle acts infringing upon consumer rights in transactions conducted through the application.

3. Require business entities, organizations, and individuals who are users of the e-commerce service application to sell goods and provide services to supply information as prescribed in Clause 1, Clause 2, and Clause 3 of Article 29 of Decree No. 52/2013/ND-CP when registering to use the service.

4. Store registration information of business entities, organizations, and individuals using the application and regularly update changes and additions to the information.

5. Establish a mechanism allowing business entities, organizations, and individuals using the application to implement contract formation procedures as prescribed in Articles 8 and 9 of this Circular if the application has an online ordering function.

6. Fulfill the responsibilities stipulated in Article 41 of Decree No. 52/2013/ND-CP if the application has a similar function to an online promotional website.

7. Implement the provisions of Section 4 Chapter III of Decree No. 52/2013/ND-CP if the application has an online auction function.

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

9. Block and remove from the application information on the sale of goods and services listed in the catalog of prohibited goods and services according to the law.

10. Remove from the application information on the sale of counterfeit goods, fake goods, smuggled goods, goods violating intellectual property rights, and other illegal goods and services when discovered or reported with credible evidence.

11. Require sellers of goods and services listed in the catalog of goods and services subject to business conditions on their own applications to provide certificates of eligibility to operate for those goods and services (where such certificates are required by law).

12. Provide information and support state management agencies in investigating illegal trading activities using their applications.

13. Provide information about their business operations when requested by competent state agencies for statistical purposes related to e-commerce, inspection, examination, and handling of violations.

Article 7. Responsibilities of traders, organizations, and individuals using applications to provide electronic commerce services for selling goods and services

1. Provide complete and accurate information as prescribed in Clause 1, Clause 2, and Clause 3 of Article 29 of Decree No. 52/2013/ND-CP to traders and organizations owning applications providing electronic commerce services when registering to use such applications.

2. Provide complete information about goods and services as stipulated in Article 30 of Decree No. 52/2013/ND-CP if allowing customers to place orders online.

3. Ensure the accuracy and honesty of information about goods and services provided on the application.

4. Provide information about their business situation upon request from competent state agencies for the purpose of statistical activities related to electronic commerce.

Article 8. Formation of contracts for using the online ordering function through mobile applications

1. The formation of contracts for using the online ordering function through mobile applications shall be carried out in accordance with the provisions of Section 2 Chapter II of Decree No. 52/2013/ND-CP, except in cases prescribed in Clause 2 of this Article.

2. In cases where the subject matter of the contract is digital content products or online services and the acceptance of the contract proposal is expressed by delivering the product or providing the service, the review and confirmation mechanism must comply with the following requirements:

a) Display the name of the product or service, the total amount that the customer must pay for the goods or service, and the payment method to be applied;

b) Allow the customer, after reviewing the above information, to choose to cancel or confirm the contract proposal.

Article 9. Online payment through mobile applications

1. If the mobile application has an online payment function, traders, organizations, and individuals must establish a mechanism for customers to review and confirm detailed information about each payment transaction before making the payment.

2. Traders, organizations, and individuals owning mobile applications with an online payment function must fulfill the responsibilities prescribed in Article 74 of Decree No. 52/2013/ND-CP.

Chapter II

PROCEDURES FOR NOTIFICATION AND REGISTRATION OF MOBILE APPLICATIONS

Section 1

NOTIFICATION OF SALES APPLICATIONS

The subjects of notification are owners of sales applications including:

1. Traders.

2. Organizations whose functions and tasks include organizing the sale of goods or provision of services or conducting electronic commerce activities.

3. Individuals who have been issued a personal tax code and are not required to register for business operations under the law on business registration.

Article 11. Information for notification and procedures for notifying sales applications

1. Information for notifying sales applications includes:

a) Name of the application;

b) Storage address or download address of the application;

c) Information prescribed in Points b, c, d, e, and f of Clause 2 of Article 53 of Decree No. 52/2013/ND-CP.

Article 12. Updating, Amending, and Terminating Notified Information

1. Merchants, organizations, or individuals owning sales applications shall have the obligation to update notified information in accordance with the provisions of Article 12 of Circular No. 47/2014/TT-BCT.

2. In case there is a change in any of the information specified in Clause 1 of Article 11 of this Circular or if the operation of the previously notified sales application ceases, merchants, organizations, or individuals must notify the Ministry of Industry and Trade within seven working days from the date of the information change or cessation of operations.

3. The process for amending and terminating notified information about sales applications shall be carried out according to the procedure applicable to commercial electronic trading websites as stipulated in Article 11 of Circular No. 47/2014/TT-BCT.

Section 2

REGISTRATION OF APPLICATIONS PROVIDING ELECTRONIC COMMERCE SERVICES

The subjects registering are merchants or organizations operating in trade promotion or business support fields, owning applications providing electronic commerce services as prescribed in Clause 3 of Article 3 of this Circular.

Article 14. Documents for Registering Applications Providing Electronic Commerce Services

1. Application form for registering an application providing electronic commerce services (in the attached Appendix).

2. Certified copy of the decision on establishment (for organizations), business registration certificate, investment certificate, or investment permit (for merchants).

3. Proposal for providing electronic commerce services including contents prescribed in Clause 3 of Article 54 of Decree No. 52/2013/NĐ-CP.

4. Management regulations for the operation of applications providing electronic commerce services including the following contents:

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

b) Procedures and deadlines for handling complaints regarding illegal business activities received through applications providing electronic commerce services.

5. Sample service contracts or cooperation agreements between merchants or organizations owning applications providing electronic commerce services and merchants, organizations, or individuals participating in buying and selling or organizing auctions and promotions for goods and services on such applications.

6. Common transaction conditions applicable to buying and selling or organizing auctions and promotions for goods and services on the application (if any).

Article 15. Procedure for Registering Applications Providing Electronic Commerce Services

The procedure for registering applications providing electronic commerce services shall be carried out according to the procedure for registering websites providing electronic commerce services as stipulated in Articles 15 and 16 of Circular No. 47/2014/TT-BCT.

1. In case there is a change in any of the following information related to the application that has been registered, merchants or organizations must notify the Ministry of Industry and Trade within seven working days from the date of the information change:

a) Change in the name, storage address of the application, or download address of the application;

b) Other changes prescribed in points a, b, c, đ, e, g, h of Clause 1 of Article 56 of Decree No. 52/2013/NĐ-CP.

2. The amendment and supplementation of information shall be carried out according to the procedure for amending and supplementing registered information for websites providing electronic commerce services as stipulated in Article 17 of Circular No. 47/2014/TT-BCT.

Article 17. Revocation and Termination of Registration

1. The Ministry of Industry and Trade shall terminate registration for electronic commerce service-providing applications in the following cases:

a) At the request of the trader or organization establishing the application;

b) The trader or organization ceases operations or transfers the application to another trader or organization;

c) More than thirty days from the date of confirmation of registration, the application has no activity or the trader or organization does not respond to information requested by the competent state management agency within the time limit set by that agency.

a) Engaging in prohibited acts in electronic commerce as stipulated in Article 4 of Decree No. 52/2013/NĐ-CP;

b) Failing to fulfill reporting obligations as prescribed in Article 57 of Decree No. 52/2013/NĐ-CP and continuing to commit such violations after being reminded by the Ministry of Industry and Trade (Electronic Commerce and Information Technology Department);

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

d) Failing to fulfill responsibilities as prescribed in Article 6 of this Circular and continuing to commit such violations after being reminded by the Ministry of Industry and Trade (Electronic Commerce and Information Technology Department).

4. Information on applications whose registrations have been revoked will be published on the Portal for Management of Electronic Commerce Activities.

Article 18. Re-registration of Applications Providing Electronic Commerce Services

1. Within thirty days from the date of receiving the transfer of an electronic commerce service-providing application, the transferee trader or organization must re-register the application. The re-registration of the application shall be carried out according to Articles 13, 14, and 15 of this Circular.

2. Applications whose registrations were revoked under points b and d, Clause 3, Article 17 of this Circular may apply for re-registration after the trader or organization has remedied the violations leading to the revocation of registration.

Article 19. Obligation to Report Periodically by Traders and Organizations That Have Registered Applications Providing Electronic Commerce Services

Traders and organizations owning electronic commerce service-providing applications have the obligation to report periodically as prescribed in Article 20 of Circular No. 47/2014/TT-BCT.

Chapter III

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

Article 20. Publication of List of Mobile Applications That Have Completed Notification and Registration Procedures

1. Immediately after a mobile application completes the notification or registration procedures as prescribed in this Circular and receives confirmation from the Ministry of Industry and Trade, information about the application will be included in the list of notified or registered applications for public disclosure on the Portal for Management of Electronic Commerce Activities.

2. The information to be announced includes:

a) Name of the application and type of application as notified or registered with the Ministry of Industry and Trade;

b) Storage address of the application or download address;

c) Name and contact information of the trader, organization, or individual owning the application;

d) Business registration number of the trader, establishment decision number of the organization, or individual taxpayer code of the individual owning the application.

3. When a mobile application's registration is terminated or revoked, its information will be removed from the list prescribed in Clause 1 of this Article and moved to the list of applications that have had their registration terminated or transferred to the list of applications violating legal provisions as prescribed in Article 21 of this Circular.

Article 21. Announcing the list of mobile applications violating legal provisions

1. The Ministry of Industry and Trade shall publish on the e-commerce activity management portal the list of mobile applications that violate the law in accordance with Article 4 of Decree No. 52/2013/NĐ-CP and regulations on administrative violations in e-commerce.

2. The information to be announced includes:

a) Name of the application, storage address of the application or download address;

b) Name and information of the trader, organization, or individual owning the mobile application;

c) Violating acts of the trader, organization, or individual and form of administrative penalty, level of penalty, measures to remedy consequences according to the administrative penalty decision of the competent state agency.

Article 22. Receiving and processing information reflecting violations by mobile applications

1. The Ministry of Industry and Trade shall receive reports from organizations and individuals regarding the following acts on mobile applications:

a) Violations of regulations on notification and registration of mobile applications;

b) Violations of regulations on contract formation and online payment through mobile applications as stipulated in Articles 8 and 9 of this Circular;

c) Violations of responsibilities of owners of sales applications or e-commerce service provision applications as stipulated in Articles 5 and 6 of this Circular;

d) Violations of responsibilities of users of mobile applications for selling goods or services as stipulated in Article 7 of this Circular;

đ) Other violations prescribed in Article 4 of Decree No. 52/2013/NĐ-CP and laws on administrative violation handling.

2. The receipt and processing of reported information shall be carried out in accordance with Clause 2, Clause 3, and Clause 4 of Article 31 of Circular No. 47/2014/TT-BCT.

Chapter IV

IMPLEMENTING PROVISIONS

Article 23. Responsibility for Implementation

2. Relevant agencies and units under the Ministry of Industry and Trade shall have the responsibility to cooperate in participating in state management of mobile applications within their authority.

Article 24. Effective Date

1. This Circular takes effect from March 31, 2016.

2. Mobile applications established and operating before the date this Circular takes effect must comply with notification or registration requirements set forth in this Circular within 60 days from the effective date of this Circular.

3. During the implementation of this Circular, if any difficulties arise, traders or related organizations and individuals shall promptly report to the Ministry of Industry and Trade for consideration and resolution./.