Thông tư 09/2008/TT-BCT

CIRCULAR

GUIDING THE E-COMMERCE DECREE REGARDING INFORMATION SUPPLY AND CONTRACT CONCLUSION ON E-COMMERCE WEBSITES

Pursuant to the Governments Decree No. 189/2007/ND-CP dated December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Commerce
Pursuant to the Governments Decree No. 57/2006/ND-CP dated June 9, 2006, on e-commerce;
The Ministry of Industry and Trade guides information supply and contract conclusion on e-commerce websites as follows:

I. GENERAL PROVISIONS

1. Governing scope and subjects of application

a/ This Circular governs information supply and contract conclusion one-commerce websites.

b/ This Circular applies to:

- Traders using websites for goods sale or service provision (below referred to as traders);

- Organizations and individuals involving in transactions with traders one-commerce websites (below referred to as customers);

- Organizations and individuals owning e-commerce websites (below referred to as website owners).

2. Interpretation of terms

Is this Circular, the terms below are construed as follows:

a/ E-commerce website is a website in service of commercial activities and commerce-related activities.

b/ Online goods-ordering function means a function programmed on e-commerce websites, permitting customers to create or feedback data messages for contract conclusion with traders under terms announced on websites.

c/ Hyperlink means a component of an website, which, when selected, will lead users to another area of that same website or another website.

d/ Meta-tag means a keyword placed in a website, which is not displayed on the monitor but readable by search tools when the websites related to such keyword are searched for.

3. Acts of violating the law on information supply and contract conclusion on e-commerce websites.

a/ Traders and e-commerce website owners shall abide by the Government's e-commerce Decree No. 57/2006/ND-CP dated June 9, 2006, regarding acts of violating the law one-commerce.

b/ In information supply and contract conclusion one-commerce websites, traders and website owners may not supply false information or apply other technical measures to commit illegal acts, including:

- Camouflaging hyperlinks and advertisement logos in the forms that customers cannot realize the existence of advertising contents behind such hyperlinks or logos;

- Using logos of prestigious e-commerce website-evaluating or -rating programs without official recognition by these programs;

- Using hyperlinks, logos or online technologies to cause confusion about the ties between traders and other organization or individuals;

- Using hyperlinks to supply information contrary or untrue to the information publicized at website areas connected with such hyperlinks;

- Using meta-tags being common search keywords but not related to website contents or containing names of prestigious enterprises or products, thus causing confusion to customers and affecting the lawful rights and interests of other organizations or individuals;

- Intervening in Internet operation and browsing systems in computers accessing websites with a view to forcing customers to the websites against their will.

II. CONTRACT CONCLUSION USING THE ONLINE GOODS ORDERING FUNCTION ON E-COMMERCE WEBSITES

4. Notices of traders' requests for contract

If an e-commerce website has the function of online goods ordering for every specific goods item or service introduced on that website, the information on goods, services and relevant terms are regarded as notices of contract conclusion requests of traders owning such goods or services.

5. Customers' requests for contract conclusion

Electronic documents created and sent by customers by way of using the online goods-ordering function are regarded as the customers' contract conclusion requests for goods or services associated with such online goods-ordering function.

6. Reply to customers' requests for contract conclusion

a/ When replying to accept contract conclusion requests, traders must supply customers with the following information :

- The list of all the goods or services ordered by the customers, the quantity and price of every product and the total contractual value;

- The goods delivery or service provision time limit;

- Contact information for customers to ask about the conditions for contract performance when necessary.

b/ When replying not to accept the contract conclusion requests, they must clearly state the reasons therefor.

c/ The reply to requests for contract conclusion must be carried out in appropriate forms so that information can be stored and printed out at customers' information systems and be displayed later.

7. Termination of contract conclusion requests

a/ In case the websites announce time limit for reply to requests for contract conclusion, if past such time limits the customers still fail to receive traders' replies, the validity of their requests for contract conclusion will terminate. The acceptance reply after such time limits will give rise to another request for contract conclusion from the side of traders.

b/ In case websites do not clearly announce the time limits for reply to requests for contract conclusion, if within 8 (eight) working hours after r the sending of their contract-conclusion requests, customers still fail to receive the reply, the validity of their requests for contract conclusion will terminate.

8. The contract conclusion time when the function of online goods ordering one-commerce websites is used.

The contract conclusion time is the time when customers receive traders' replies accepting the contract conclusion requests as provided for at Point a, Clause 6 of this Circular.

9. Legal validity of contracts concluded through online goods-ordering function.

The legal validity of contracts concluded through interaction between customers and the function of online goods ordering one-commerce websites shall not be negated only for the reason of absence of traders direct examination or intervention in each step of the contract-concluding process.

10. Supply of contractual terms when employing the function of online goods ordering on e-commerce websites.

E-commerce websites having the online goods ordering function shall supply customers with information on contractual terms as provided for in Section m of this Circular before the time the customers send their requests for contract conclusion.

III. SUPPLY OF INFORMATION ON CONTRACTUAL TERMS ON E-COMMERCE WEBSITES

11. Principles for information supply on e-commerce websites

E-commerce websites shall adequately supply information on traders, goods, services and terms of sale and purchase contracts, applicable to goods or services introduced on the websites as provided for in Clauses 12 thru 16 of this Circular.

Such information must satisfy the following conditions:

a/ Being clear, accurate, easy to find and to understand.

b/ Being arranged in corresponding items on websites and accessible by online method.

c/ Being able to be stored, printed out and visual later.

d/ Being clearly displayed to customers before the time they send their requests for contract conclusion.

12. Information on goods, services

For any goods or service item introduced on e-commerce websites, traders must supply information enabling customers to accurately determine the properties of goods or service in order to avoid misunderstanding when deciding to conclude contracts.

13. Information on prices

a/ Information on prices of goods or services, if any, must clearly show whether the prices cover such expenses relevant to the purchase of goods or services as tax, packing charges, freight and other arising expenses.

b/ For long-term service provision contracts, websites must provide information on charge calculation methods and periodical payment modes.

14. Information on transaction terms.

Traders shall publicize general transaction terms for goods or services introduced on websites, including:

a/ Any condition or restriction, if any, in goods supply or service provision, such as restriction on time or geographical scope.

b/ Policies on return, including the time limits for return, the modes of return and change of purchased goods, ways of getting back the money, and expenses for these arising transaction.

c/ Warranty policies, if any

d/ Service standards, service provision process, charge rate tables and other terms relevant to service provision, including conditions and restrictions, if any.

e/ Obligations of traders and customers in each transaction.

15. Information on transportation and delivery

Traders shall publicize the following information on transportation and delivery conditions applicable to goods or services introduced on websites:

a/ Modes of goods delivery or service provision.

b/ Estimated duration of goods delivery or service provision, with geographical distance and delivery mode taken into account.

c/ Geographical restrictions for goods delivery or service provision, if any.

d/ In case of delay in goods delivery or service provision, they shall promptly inform customers thereof and create an opportunity for them to cancel the contracts if they so wish.

16. Information on payment modes

a/ Traders shall publicize all payment modes applicable to goods or services offered for sale on website, together with clear and accurate explanation so that customers can understand and select proper payment modes.

b/ If traders apply the online payment mode, websites must be structured with mechanisms to create and store electronic documents containing detailed information on each payment transaction effected by this mode and at the same time create conditions for customers to see, print and store the documents right at the time they are created.

IV. PROTECTION OF CUSTOMERS INTERESTS IN CONTRACT CONCLUSION ON E-COMMERCE WEBSITES

17. Information on traders and website owners

a/ Traders and website owners shall publicize the following minimum information on websites:

- Name, head office address;

- The serial number, date and place of issue of business registration certificate;

- Telephone numbers, email address or another online contact mode.

b/ Information on website owners must be displayed on the homepage of websites.

18. Mechanisms to review and confirm contractual contents

Websites must be structured with mechanism permitting customers to review, supplement, amend and confirm the transaction contents before employing the online goods-ordering function to send their requests for contract conclusion. This mechanism must satisfy the following conditions:

a/ Displaying to customers the fundamental information relating to transactions, including:

- Name of goods or services, quantity and type, mode and time limit for goods delivery or service provision;

- The total contractual value and details related to the payment mode selected by customers;

Such information must be able to be store and printed out on customers' information system and displayed later.

b/ Permitting customers, after review of information at Point a, to opt to cancel the transactions or confirm their requests for contract conclusion.

9. Procedures for termination of long-term online service provision contracts.

a/ E-commerce websites providing long-term online services must create conditions for customers to terminate contracts in a prompt and convenient manner when they have no more demand for use of the services.

b/ E-commerce websites must:

- Publicize transparent and adequate information on procedures for contract termination;

- Provide a convenient tool for customers to send their notices requesting the contract termination;

- Have mechanism for timely feedback to customers' requests for contract termination.

20. Settlement of disputes related to contracts concluded one-commerce websites.

a/ Traders shall publicize on websites specific mechanisms and process for settlement of customers' complaints related to contracts concluded on websites.

b/ The settlement of disputes between traders and customers in the course of contract performance must be based on the contractual terms publicized on the websites at the time of contract conclusion and relevant legal provisions.

c/ Traders must not abuse their electronic advantages to unilaterally settle the disputes without customers' consent.

2/ Protection of customers' personal information one-commerce websites.

The receipt and use of personal information on e-commerce websites must comply with the following regulations:

a/ Clearly publicizing or supplying on the homepage a mechanism to customers to access and inquire into policies on protection of personal information on these websites.

b/ The receipt and use of each customers personal information must be consented by such customer, unless otherwise provided for by law.

c/ The getting of customers' consent must be carried out through a separate step so that the customers may opt to accept or refuse. The definitive consent mechanism must not be established for customers.

22. Supplying adequate and truthful information on certification of prestigious e-commerce websites.

If an e-commerce website publicizes that it is certified as a prestigious e-commerce website of it participates in any assessment or rating program or similar activities to raise its prestige, such website must supply customers with accurate information on the purposes, scope, subjects and assessment standards of such program.

V. HANDLING OF VIOLATIONS AND ORGANIZATION OF IMPLEMENTATION

23. Handling of violations

a/ Traders and website owners shall implement the provisions on information supply and contract conclusion on e-commerce websites under this Circular.

b/ All organizations and individuals that commit acts of violating the law on e-commerce shall, depending on the nature and severity of their violations, be sanctioned according to law.

24. Implementation provisions.

This Circular takes effect 15 days after its publication in "CONG BAO".

If problems arise in the course of implementation of this Circular, concerned traders, organizations or individuals shall promptly report them to the Ministry of Industry and Trade for consideration and handling.