Conditions for setting up a sales e-commerce website in Vietnam
Notice of e-commerce website is one of administrative procedures that traders, organizations and individuals when setting up e-commerce websites must perform at the Ministry of Industry and Trade. This is a sufficient condition for eligible website to operate in accordance with the law on e-commerce.
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Legal basis
Decree 52/2013/ND-CP on e-commerce.
Decree 08/2018/ND-CP Amending a number of decrees related to investment and business conditions under the state management of the Ministry of Industry and Trade.
Circular 47/2014/TT-BTC regulating the management of e-commerce websites.
Conditions for traders, organizations and individuals to carry out procedures for notifying e-commerce websites
Being a trader, organization or individual that is granted a tax identification number
For individuals must be individuals to be granted a personal tax code.
For traders and organizations: means an enterprise that has been granted a business registration certificate, another organization that is granted a tax code with a business line suitable to the goods and services provided on the sales website.
Completed the notification procedure with the Ministry of Industry and Trade (as instructed below)
To meet this procedure, traders providing e-commerce website services need to ensure to provide:
Information about website owners
Name and address of the head office of the trader or organization or the name and permanent address of the individual;
Number, date of issue and place of issue of the enterprise registration certificate of the trader, or number, date of issue and the unit issuing the establishment decision of the organization, or personal tax identification number of the individual;
Name, title, identity card number, phone number and email address of the trader’s representative, the person responsible for the e-commerce website;
Phone number or another online contact method.
Information about shipping and forwarding
Traders, organizations and individuals must publish the following information about conditions of transportation and delivery applicable to goods or services introduced on the website:
Methods of delivery or provision of services;
Estimated time for delivery or provision of services, taking into account geographical distance and delivery method;
Geographical restrictions on delivery or provision of services, if any.
In case of delays in delivery or service provision, traders, organizations and individuals must promptly provide information to customers and create opportunities for customers to cancel the contract.
Information about payment methods
Traders, organizations and individuals must disclose all payment methods applicable to goods or services introduced on the website, accompanied by clear and accurate explanations so that customers can understand and choose the suitable payment method.
If an e-commerce website has an online payment function, traders, organizations and individuals must establish a mechanism for customers to use this function to review and confirm detailed information about each payment transaction. payment before making the payment.
Information about goods and services
Traders, organizations and individuals must provide information so that customers can accurately identify the characteristics of goods and services in order to avoid misunderstandings when deciding to propose to enter into contracts.
Price information
Information on the price of the good or service, if any, must clearly indicate whether or not the price is inclusive of costs associated with the purchase of the good or service, such as taxes, packaging, shipping and other costs incurred;
Unless otherwise agreed by the parties, if the price information of goods or services listed on the website does not clearly show that the price includes or does not include costs related to the purchase of goods or services such as: Taxes, packing fees, shipping charges and other costs incurred, this price is understood to include all relevant costs mentioned above.
Information about general trading conditions
Traders, organizations and individuals must announce general trading conditions for goods or services introduced on their websites, including:
Conditions or restrictions on the supply of goods or services, such as time limits or geographic scope, if any;
Return policy, including return period, method of return or exchange purchased, method of refund, cost for this return;
Product warranty policy, if any;
Service standards, service delivery procedures, fee schedules and other terms relating to the provision of services, including conditions and limitations where applicable;
Seller’s and customer’s obligations in each transaction.
The general trading conditions must have a font color that contrasts with the background color of the part of the website where the general trading conditions are posted, and the language expressing the general trading conditions must include Vietnamese.
In case the website has an online ordering function, the seller must have a mechanism for the customer to read and express his or her own consent to the general trading conditions before submitting an offer to enter into a contract.
Dossier to prepare to carry out the procedure for announcing e-commerce website
Enterprise Registration Certificate; Establishment decision for traders and organizations.
Citizen ID card (Indentification card/Passport) for individuals.
Business eligibility license for conditional business lines (if any).
Image of the website’s logo.
Other papers at the request of the Ministry of Industry and Trade.
Notes when preparing documents for notification of e-commerce websites
When carrying out the procedures for notifying the sales website, the documents are submitted online, so the documents must be in the following format: jpg,png,jpeg,doc,docx,pdf,rar,zip,xls,xlsx.
Traders, organizations and individuals are not required to submit paper documents directly.
The agency receiving and processing the application for notification of the e-commerce website
The receipt and processing of dossiers of notification of e-commerce websites are conducted online by the Ministry of Industry and Trade (the Department of E-Commerce and Digital Economy) at the e-commerce management portal at www.online.gov.vn
Procedure to apply for notice of sales website
Step 1: Traders, organizations and individuals register for an account and log into the system at website www.online.gov.vn.
Step 2: After being granted an account to log in to the system, traders, organizations and individuals log in, select the function “Notify sales e-commerce website” and declare information according to the form.
Information to be notified includes:
Domain name of the e-commerce website;
Types of goods and services to be introduced on the website;
Registered name of the trader or organization or name of the individual owning the website;
Address of the office of the trader or organization or address of permanent residence of the individual;
Number, date and place of issuance of the business registration certificate of the trader, or number, date of grant and granting agency of the establishment decision of the organization; or personal tax identification number of the individual;
Names, titles, identity card numbers, telephone numbers and e-mail addresses of the representative of the trader and person responsible for the e-commerce website;
Other information as prescribed by the Ministry of Industry and Trade.
Step 3: Within 6-8 working days, traders, organizations and individuals receive response from the Ministry of Industry and Trade via registered email address confirming that the notified sales website is a code to attach to the sales e-commerce website, displayed as the announced icon. When choosing this icon, the user is directed to the corresponding notification information of traders, organizations and individuals at the Portal of e-commerce management.
Some questions of traders, organizations and individuals when announcing e-commerce websites
My company’s website does not have a sales feature, but only publishes articles about the company’s products and services. Is it necessary to carry out the notification procedure with the Ministry of Industry and Trade?
Enterprises that set up their own e-commerce websites to serve their trade promotion activities, sell goods or provide services (owners of sales e-commerce websites) must carry out the procedures for notifying their websites. The introduction of products and services of the company on the website is a trade promotion activity in the business process of the enterprise, so the company must carry out the procedures for announcing the e-commerce website.
Is this true that E-commerce website owners only need to buy a domain name to complete the notification procedure?
If there is only a domain name, the owner of the e-commerce website is not eligible for the Ministry of Industry and Trade to issue a “Notified” certification. The owner needs to complete the information and features of the website so that the Ministry of Industry and Trade can access the domain name address, evaluate and check the features and information as a basis for certification “Announced”.
E-commerce website that self-labeled “Notified” but did not follow the notification procedure will be sanctioned?
A trader who owns an e-commerce website using the announced logo to attach it to a sales e-commerce website or sales application without approval or confirmation of the notice of a competent state agency rights will be fined from 5,000,000 VND to 10,000,000 VND.
Additional sanction: Suspension of e-commerce activities from 6 to 12 months for the above violations.
E-commerce website notification service of Viet An Law Firm
Advising on conditions to carry out the procedures for announcing e-commerce websites;
Advising on procedures to make an e-commerce website announcement;
Advising customers to prepare documents according to the provisions of Vietnamese law related to the procedures for notifying e-commerce websites;
Consulting on drafting content to be published on e-commerce websites;
Carry out the procedures for notifying the sales website to the Ministry of Industry and Trade.
Individuals and organizations need advice to carry out the procedures for notifying e-commerce websites with the Ministry of Industry and Trade, please contact Viet An Law Firm for advice and support for legal services quickly, safely and legally.
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