1. LEGAL BASIS
- Decree No. 52/2013/ND-CP on E-commerce;
- Circular No. 47/2014/TT-BCT regulating the management of e-commerce websites;
- Circular No. 59/2015/TT-BCT prescribing the management of e-commerce activities via applications on mobile equipment;
- Circular No. 21/2018/TT-BCT amending a number of articles of Circular No. 47/2014/TT-BCT dated December 05, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No. 59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce activities via applications on mobile equipment.
2. REGISTRATION FOR E-COMMERCE SERVICE PROVISION WEBSITES/APPLICATIONS
2.1. Registration process: Article 15 of Circular No. 47/2014/TT-BCT, Article 15 of Circular No. 59/2015/TT-BCT
Receipt and handling of the registration documents for e-commerce service websites/applications shall be done online by the Ministry of Industry and Trade on the e-commerce management portal: www.online.gov.vn.
To declare information, traders and individuals should access the e-commerce management portal and do the following steps:
Step 1: Traders and organizations register for the account to access the system by providing the following information:
- Names of traders and organizations;
- Business registration No. of traders or Establishment decision No. of organizations;
- Areas of business;
- Addresses of traders and organizations’ head offices;
- Contact information
Step 2: Within three working days, traders, organizations or individuals shall receive results from the Ministry of Industry and Trade via registered emails regarding one of the following subject matters:
- If registration information for an account is adequate, traders and organizations shall be granted an account and continue Step 3:
- If the registration is rejected or supplements are required, traders and organizations should carry out registration again or supplement the information as requested.
Step 3: After being granted an account for access to the system, traders and organizations shall carry out logging on, choose a feature “registration for e-commerce service websites, fill in the forms as instructed and enclose registration documents.
Step 4: Within a period of seven working days, traders and organizations shall receive responses from the Ministry of Industry and Trade via registered emails regarding one of the following subject matters:
- Confirmations that the documents are adequate and eligible and traders; requests for traders and organizations to do Step 5;
- Notice the documents are inadequate or requests for supplements. In this case, traders and organizations should return to Step 3 for declaration again or supplementing the information as requested.
Step 5: After receipt of the notice confirming adequacy and eligibility of the documents, traders and organizations shall send to the Ministry of Industry and Trade (Department of E-commerce and Information Technology) a complete registration dossier (hard copy) according to the provisions set out in Article 14 of Circular No. 59/2015/TT-BCT.
NOTE:
- Traders and organizations shall be responsible for following up the handling of the documents via emails or granted accounts to carry out updating and revising the information as requested.
- Within a period of 30 working days since receipt of request for supplements of information in Step 4, if traders and organizations receive no responses, the documents shall be terminated and registration should start again from the beginning.
2.2. Registration dossiers: Article 38 of Decree 52/2013/ND-CP, Article 14 of Circular No. 47/2014/TT-BCT, Article 14 of Circular No. 59/2015/TT-BCT
- Registration form for e-commerce service provision websites/applications.
- An authenticated copy of Establishment Decision (for organizations), Certificate of Enterprise Registration or Investment Certificate (for traders).
- Plans to provide services:
- Model of organization of operations, including service provision, promotion and marketing both online and offline;
- Structure, utilities and main information sections on the service website;
- Rights and responsibilities of the trader or organization providing e-commerce services and service users.
- Describing the trading process for each type of transaction that may be conducted on e-commerce trading floor;
- Reviewing operation and handling competence of the trader or organization providing e-commerce trading floor services upon detection of business acts in violation of the law on the e-commerce trading floor;
- Rights and obligations of the parties in transactions conducted on the e- commerce trading floor;
- Limitations on the responsibilities of the trader or organization providing e-commerce trading floor services in transactions conducted on the floor;
- Regulations on information safety and management on the e-commerce trading floor;
- Mechanism of settlement of complaints and disputes between parties related to the transactions conducted on the e-commerce trading floor;
- Policies on protection of personal information of users of e-commerce trading floor services specified in Article 69 of Decree 52/2013/ND-CP;
- Measures to handle infringements upon consumer interests on the e-commerce trading floor;
- Measures to handle violations committed by people who do not comply with the regulations on operation of the e-commerce trading floor.
- Method and time limit for handling violations of the e-commerce trading floor upon detection.
- Forms of service contract or cooperation agreement between traders and organizations that are in possession of e-commerce service provision websites/applications and traders, organizations and individuals who take part in the buying and selling of goods and services on such websites/applications.
- General trading conditions applied to the buying and selling of goods and services on the website/applications (if any).
2.3. Confirmation of registration: Article 16 of Circular No. 47/2014/TT-BCT
- Timeline for confirmation of registration: 05 working days since receipt of full and eligible registration documents (hard copy) sent directly or by post to the Ministry of Industry and Trade (Department of E-commerce and Information Technology) when the procedures of registration are completed. In case the documents (hard copy) do not match the information declared online via the user account, the Ministry of Industry and Trade shall make a written notice to traders and organizations via registered emails for completion of the documents.
- Upon confirmation of the documents, the Ministry of Industry and Trade shall send to traders and organizations via registered emails a code segment for insertion into the e-commerce service provision websites/applications and displayed on-screen as a “registered” sign. Upon choosing this sign, users shall be led to respective registration information about traders and organizations on e-commerce management portal.
