Thông tư 46/2010/TT-BCT

CIRCULAR

REGULATION ON OPERATION MANAGEMENT OF E-COMMERCE WEBSITE SELLING GOODS OR PROVIDING SERVICES

Pursuant to the Decree No.189/2007/ND-CP dated December 27, 2007 of  Government regulating functions, tasks, powers and organizational structure of the Ministry of Industry and Commerce;
Pursuant to the Decree No.57/2006/ND-CP dated June 9, 2006 by Government on e-commerce;
Pursuant to the Decree 97/2008/ND-CP dated August 28, 2008 of Government on management, provision and use of Internet services and electronic information on Internet;
Pursuant to the Decision No. 1073/QD-TTg dated July 12, 2010 by the Prime Minister approved master plan to develop e-commerce from period 2011-2015;
The Ministry of Industry and Trade regulating on operation management of e-commerce website selling goods or providing services as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Adjusting scope and applicable objects

1. This Circular regulates on state management towards operations of e-commerce website set up by merchants and organizations in territory of Vietnam for selling goods or providing services.

2. The trading on e-commerce website relating to goods, services subject to business restriction or goods, services subject to conditional business is adjusted by provisions of law relating to them.

3. This Circular applies to:

a) Traders and organizations set up e-commerce website to sell goods or provide services of which they are owner

b) Traders and organizations that provide trading-floor services on e-commerce;

Article 2. Interpretation of terms

1. E-commerce Website is a website in serve of commercial activities and commerce-related activities.

2. E-commerce trading-floor means e-commerce website that allows traders, organizations and individuals who are not the owner or website manager may conduct selling goods or providing services on it.

Article 3. General regulations for operation of e-commerce website

Trading and transaction activities on e-commerce websites must be complied with the provisions of the Decree No. 57/2006/ND-CP dated June 9, 2006 of Government on e-commerce, the Circular 09/2008/TT-BCT dated July 21, 2008 of the Ministry of Industry and Trade on information supply and contract conclusion on e-commerce websites, provisions of relevant laws and regulations in this Circular.

2. Only traders registered for business, the organizations established under provisions of law are able to set up e-commerce website. Information on certificate for business registration of trader or decision on establishment of organization must be clearly announced on homepage of website.

3. Traders and organizations that provide trading-floor services of electronic commerce must register under provisions of Chapter II of this Circular.

Article 4. The acts are strictly prohibited

1. Set up an e-commerce website to conduct business without business registration as prescribed by law.

2. Provide false information on registration of business or personal on e-commerce website.

3. Attach icon of forged registration on e-commerce trading-floor.

4. Perform acts of fraud to consumer on e-commerce website.

5. Disclose trade secrets of traders and individuals involved in selling goods or providing services on e- commerce trading floor.

6. Steal or illegally use passwords, encryption keys and private information of traders, institutions and individuals trading on e-commerce website.

7. The other acts strictly prohibited under provisions of law on commerce and the Internet.

Chapter 2.

REGISTRATION OF SUPPLYING THE E-COMMERCE FLOOR SERVICE

Article 5. Object and dossier of registration.

1. Object of registration

Traders and organizations established and operated under provisions of Vietnamese law ; including business or functions, duties suitable, valid domain; to commitment to comply with provisions of this Circular, Decree No. 57/2006/ND-CP Decree No. 97/2008/ND-CP Circular No.09/2008/TT-BC of  Ministry of Industry and Trade and other provision of relevant laws.

2. Registration dossier

a) Application for providing e-commerce trading-floor service (form in Appendix 01 attached this circular);

b) A certified copy of decision to establish (for organizations), certificate of business registration, investment certificate or investment license (for traders);

c) Regulation of operations management towards e-commerce trading-floor comply with provisions of this Circular, the Decree No.57/2006/ND-CP the Decree No. 97/2008/ND-CP the Circular No.09/2008/TT-BCT of the Ministry of Industry & Trade and provisions of relevant law and;

d) Form of service contracts or cooperative agreements between trader and service organization, individual involved in selling goods and providing services on e-commerce trading floor.

Article 6. To receive registration dossier

1. The receiving, processing registration dossiers for e-commerce trading-floor service supply are implemented online by the Ministry of Industry and Commerce on electric information page of Ministry Industry and Commerce.

2. To declare dossiers, traders and organizations access registration system of electronic commerce trading-floor in electronic information page of Ministry of Industry and Commerce at www.moit.gov.vn. After filling complete information as required by system, traders  and organizations submit online registration dossiers in accordance with paragraph 2, Article 5 of this Circular to Ministry of Industry and Commerce.

3. Upon receipt of registration, Ministry of Industry and Commerce shall examine dossiers and inform traders and organizations to send dossiers in 03 working days one of out as follow:

a) Confirmation on full and valid dossier;

b) A request for completing dossier as stipulated in Clause 2, Article 5;

c) Refusing to confirm registration in case where trader or organization does not meet provisions of paragraph 1, Article 5.

4. After receiving confirmation of full and valid dossier,  trader and organization shall send dossiers to Ministry of Industry and Commerce for registration (the papers) as stipulated in Clause 2, Article 5 of this Circular.

Trader and organization can keep track of status of processing dossier through electronic mail or access account of system has been provided to conduct update and edit information as required.

Article 7. Registration confirmation

1. Time for registration: 05 working days after receiving registration dossier from trader and organization to Ministry of Industry and Commerce as specified in paragraph 4 , Article 6 of this Circular.

2. As soon as registration confirmed, e-commerce trading-floor will be attached to homepage a registration icon. When selecting this icon, user is directed to registration information of traders, organizations that provide service of e-commerce website in electronic information page of Ministry of Industry and Commerce.

Article 8. Provide information on e-commerce trading floor already registered

1. Provide information

E-commerce trading-floor registered will be publicized on e-information website of the Ministry of Industry And Trade

Information publicized on e-commerce trading floor registered include: registration name and trading name of traders and organizations, Address of headquarter, Phone, e-mail address; domain address of e-commerce trading-floor, line of business.

2. Update

In case of changes in information related to electronic commerce trading-floor registered as prescribed in Clause 1 of this Article, traders, organizations that provide service of e-commerce must inform to Ministry of Industry and Commerce within 05 working days from the date of any information changed.

Traders and organizations make announcement in writing or use account to access system provided when making registration to send information.

Article 9. Registration cancellation and termination

1. In cases where errors detected in registration process or in operation of e- commerce trading-floor, Ministry of Industry and Commerce will cancel registration for traders, organizations that provide service of e-commerce trading-floor;

2. E-commerce trading- floor stopping operation shall notify to the Ministry of Industry and Commerce before 10 days to terminate registration; 

3. When canceling or terminating registration of a e-commerce trading-floor, the Ministry of Industry and Commerce will remove registration icon in that website, as well as cancel link from that e-commerce website to page of the Ministry of Industry and Commerce.

List of e-commerce trading-floor canceled or terminated registration will be publicized on electronic-information website of the Ministry of Industry and Commerce.

Chapter 3.

RESPONSIBILITY OF TRADERS, ORGANIZATIONS PROVIDING E-COMMERCE TRADING-FLOOR SERVICE AND TRADERS, ORGANIZATIONS AND INDIVIDUALS INVOLVED IN SELLING GOODS, SUPPLYING SERVICES ON E-COMMERCE TRADING-FLOOR

Article 10. Responsibility of trader, organization providing services of e-commerce trading-floor

1. To register e-commerce trading-floor supply as prescribed in Chapter II of this Circular.

2. To develop and promulgate regulations on e-commerce trading floor management. The main contents of regulations include: principles, transaction process, secure transaction, consumer’s interest protection, and bad news management, liability limit in case of technical error arising on trading-floor. This Regulation must be showed on homepage of website and allow participants to read and store in a convenient and complete way.  

3. To Vivificate and validate of business registration information (for traders) or record (for individuals) involved in selling goods or providing services on e-commerce trading floor.

4. To establish a mechanism that allows traders, organizations and individuals participating in e-commerce trading-floor can implement contract commitment process prescribed in the Circular 09/2008/TT-BCT on information supply and contract commitment on e-commerce website.

5. To store registration information of trader or personal information of individuals from the day traders or individuals registered to participate in e-commerce trading-floor and to regularly update relevant information changed and supplemented  

6. To apply necessary measures to ensure safety of information concerning trade secrets and traders' private information. Not to disclose, transfer, lease or sell information related to business secrets or personal information of consumers without consent of parties concerned, except where provided by law.

7. To actively support state management agency in investigation of acts of illegal business, to supply materials such as registration information, transaction history data ... of object’s legal violation on e-commerce trading floor.

8. To publicize mechanism resolving disputes arising during transaction process on e-commerce s floor trading. When conflict and legitimate interests of consumers purchasing goods or services arise to seller or, merchant and organization operating e-commerce trading-floor must provide seller's registration information for consumer, to actively support consumer in protecting rights and legitimate interests of themselves.

9. Before 15^th January yearly to report statistical data on situation of commodity and services transaction on electronic commerce trading-floor in the previous year to Ministry of Industry and Commerce (in the form prescribed in Appendix No. 02 attached to this Circular).

Article 11. Responsibility of traders, organizations and individuals selling goods or providing services in the e-commerce trading floors

1. To ensure accuracy and truthfulness of information about goods or services offered on e-commerce trading floor.

2. To comply with provisions of the Decree No. 57/2006/ND-CP dated June 9, 2006 of Government on e-commerce, the Circular 09/2008/TT-BCT July 21, 2008 of Ministry of Industry and Trade on information supply and contracts on e-commerce website and provisions of this Circular.

3. To comply with provisions of law related to payment, advertising and promotion.

Article 12. Joint responsibility between traders, organizations providing services of electronic commerce trading-floor and merchants, organizations and individuals participated in selling goods or providing services on the floor

1. Service contract or cooperative agreement between merchants, organizations and individuals selling goods and services on electronic commerce trading-floor and merchants, organizations providing service of electronic commerce trading-floor trading need to regulate responsibilities of each party in providing information and contracts as prescribed in the Circular No. 09/2008/TT-BCT July 21, 2008 and legal documents involved.

2. If the service contract or cooperative agreement between merchants, organizations and individuals selling goods and services on e-commerce trading floor and merchants, organizations providing service of e-commerce trading floor exclusive of responsibilities of each party, merchants, organizations providing shall be responsible in case of violation towards at provisions of the Circular No. 09/2008/TT-BCT July 21, 2008 and legal documents involved in selling goods or providing services on trading-floor.

Chapter 4.

ORGANIZATION OF IMPLEMENTATION

Article 13. Implementation Provisions

This Circular takes effect from June 1, 2011.

For e-commerce website was established and put into operation before the effective date of this Circular shall have to conduct registration in accordance with this Circular within 90 days from the effective date of this Circular.

Article 14. Organization of implementation

The Ministry of Industry and Trade hands over Department of E-commerce Affairs and Information Technology to certify registration of e-commerce trading-floor under provisions of this Circular.

In process of implementing this Circular, if any problem arises, merchants or other organizations and individuals concerned should promptly report to Ministry of Industry and Trade for consideration and handling.