Thông tư 12/2013/TT-BCT thông tin liên quan đến website thương mại điện tử

THE MINISTRY OF INDUSTRY AND TRADE 

Circular No.  12/2013/TT-BCT dated June 20, 2013 of the Ministry of Industry and Trade promulgating the regulation on notification, registration and information publication procedures related to e-commerce website

Pursuant to the Decree No 95/2012/ND-CP dated November 12, 2012 of the Government defining the functions, tasks, powers and organizations structure of the Ministry of Industry and Trade;

Pursuant to the Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce;

The Ministry of Industry and Trade promulgating the regulation on notification, registration and information publication procedures related to e-commerce website,

Chapter I

GENERAL PROVISIONS

Article 1. Adjusting scope

This Circular regulates on orders and procedures of notification, registration for e-commerce website, registration for credit evaluation activities of e-commerce websites and information publication on the portal management and e-commerce operation.

Article 2. Subjects of application

This Circular applicable to traders, organizations or individuals involved in e-commerce activity in Vietnam’s territory, including:

1. Traders and organizations set up e-commerce website to sell goods;

2. Traders and organizations set up e-commerce website to provide the e-commerce service;

3. Traders and organizations having performed the credit evaluation of e-commerce website;

Chapter II

PROCEDURES OF NOTIFYING AND REGISTERING THE E-COMMERCE WEBSITE

Section 1

NOTIFICATION OF E-COMMERCE WEBSITE SELLING GOODS 

Article 3. Subjects of notifying e-commerce website selling goods

Subjects of notifying e-commerce website selling goods include:

1. Being traders

2. Being organizations with functions including the organization of selling goods, proving the service or conduct the e-commerce activities.

3. Individuals issued with personal tax code.

Article 4. Procedure for notification

1. The receiving and processing registration dossiers for e-commerce website selling goods shall be implemented online by the Ministry of Industry and Trade on the Management Portal of E-commerce activities at the address www.online.gov.vn.

2. Traders and organizations shall access on the Management Portal of E-commerce activities and process the following steps:

Step 1: traders and organizations register the access account on the system by providing the following information:

-  Name of traders and organizations;

- Business registration certificate number, establishment decision number;

- Business/ operation fields;

- Office address of traders and organizations;

- Other contacts include telephone number, fax, electronic mail.

Step 2: within 03 working days after receiving the result from Ministry of Industry and Trade via registered email on the following contents:

- If the information on account registration is full and valid, trader and organization is provided an account to sign in the system and process the step 3;

- If the account registration failed or being requested to provide more information, trader and organization must process the re-registration or add more information as requested.

Step 3: Trader, organizations sign in by access account of the system, select the button Notify e-commerce website selling goods, process the declaration according to the form.

Step 4: Within 03 working days, trader and organization receive the confirmation information from the Ministry of Industry and Trade via registered email address about one of the following contents:

- Confirmation on full and valid dossier and request trader and organization to process step 5;

- Notification on the invalid dossier or request to supplement information; at that time, trader and organization will turn back to step 3 to re-declare or provide more information as requested. 

3. Trader and organization shall have the responsibility to keep track of status of processing dossier through electronic mail or access account of system that have been provided to conduct update and edit information as required.

Article 5. Modification, termination of notified information

1. In case there are changes on one of the information stipulated under Clause 2, Article 53 of the Decree No. 52/2013/ND-CP, or terminate the operation of notified e-commerce service provision website, trader and organization must notify to the Ministry of Industry and Trade within 07 working days since the day having the change.

2. The modification, termination of notified information shall be sent online through access account of system that has been provided when traders and organizations conducted the notification according to the regulations under Article 4 of this Circular.

3. Time of confirming the modification, termination of notified information: within 03 working days since the day of receiving the full and valid notification from trader and organization sent to the Ministry of Industry and Trade as stipulated under Clause 2 of this Article.

Section 2

REGISTRATION OF WEBSITE PROVIDING THE E-COMMERCE SERVICES

Article 6. Object of registration

Objects of registration are traders or organizations operating in trade promotion or supporting enterprise field that have the e-commerce website and it provides one of the following services:

1. E-commerce trading-floor service.

2. Online promotion service.

3. Online auction service.

Article  7. Registration dossier

1. Application for providing e-commerce service (form TMDT-1 at the Appendix promulgated together with this Circular).

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

3. The Plan providing the service as stipulated in Clause 3, Article 54 of the Decree No. 52/2013/ND-CP.

4. Regulation of operations management towards E-commerce service provision website comply with provisions of Point d Clause 2 Article 55 of the Decree No. 52/2013/ND-CP.

5. Form of service contracts or cooperative agreements between trader and organization providing the E-commerce service website.

6. General transaction provisions applied on the sale and service provision on website (if any).

Article 8. Registration procedures

1. The receiving, processing registration dossiers for e-commerce service provision website are implemented online by the Ministry of Industry and Trade on e on the Management Portal of E-commerce activities at the address www.online.gov.vn.

2. To declare dossiers, traders and organizations access registration system of electronic commerce service provision website in electronic information page and process the following steps:

Step 1: traders and organizations register the access account on the system by providing the following information:

-  Name of traders and organizations;

- Business registration certificate number, establishment decision number;

- Business/ operation fields;

- Office address of traders and organizations;

- Other contacts: telephone number, fax, email address.

Step 2: 03 working days after receiving the result from Ministry of Industry and Commerce via registered email on the following contents:

- If the information on account registration is full and valid, trader and organization is provided an account to sign in the system and process the step 3;

- If the account registration failed or being requested to provide more information, trader and organization must process the re-registration or add more information as requested.

Step 3: After the registration is successful, trader and organization process the sign-in, choose the button register for providing e-commerce service and declare the information according to the provided form and attach the registration dossier as stipulated under Article 7 of this Circular.

Step 4: Within 07 working days, trader and organization receive the confirmation information from the Ministry of Industry and Trade via registered email address about one of the following contents:

- Confirmation on full and valid dossier and request trader and organization to process step 5;

- Notification on invalid dossier or request to provide more information. At that time, trade and organization will turn back to step 3 to re-declare or provide more information as requested.

Step 5: After receiving the notification that the dossier is full and valid, trader and organization send to the Ministry of Industry and Trade (Department of E-commerce and Information Technology) as stipulated under Article 7 of this Circular.

3. Trader and organization shall have the responsibility to keep track of status of processing dossier through electronic mail or access account of system that have been provided to conduct update and edit information as required.

4. Within 30 working days since the day of receiving the notification of editing information at step 4 as stipulated under Clause 2 of this Article, if trader and organization don’t have any feedback, the registration dossier on the system will lock, and trader and organization shall conduct the registration again.

Article 9. Registration confirmation

1. Time for registration: 05 working days after receiving the full and valid registration dossier from trader and organization to Ministry of Industry and Commerce (Department of E-commerce Affairs and Information Technology) via post office or directly when completing the registration as stipulated under Clause 2, Article 8 of this Circular. In case the dossier (the papers) sent is not in accordance with the document, information that trader and organization declare online through account of system has been provided, the Ministry of Industry and Trade shall send the notification through the email address that trader and organization registered for trader and organization to complete the dossier.

2. When confirming the registration, the Ministry of Industry and Trade shall send a code to attach a registration icon to e-commerce service provision website to trader and organization through registered email address. When selecting this icon, user is directed to registration information of traders, organizations that provide service of e-commerce website in electronic information page.

Article 10.  Modification, supplementation of the registered information

1. In case there are changes on one of the information related to the e-commerce service provision website that are registered as stipulated under Clause 1, Article 56 of the Decree No. 52/2013/ND-CP, trader and organization must notify to the Ministry of Industry and Trade within 07 working days since the day having the change.

2. The notification shall be sent online through the account of system that has been provided or in writing to the Ministry of Industry and Trade (Department of E-commerce Affairs and Information technology), attached the copies of papers, documents to provide the changes (if any).

3. Within 07 working days since the day of receiving the full and valid notification from trader and organization as stipulated under Clause 2 of this Article, the Ministry of Industry and Trade shall consider the confirmation or non-confirmation on the modified and supplemented information through the access account of system that have been provided. In case of not confirming, it must state clearly the reasons. 

Article 11. Registration cancellation and termination

1. The Ministry of Industry and Trade shall terminate the registration for e-commerce service provision website in the following cases:

a) According to the proposal of trader, organization setting up e-commerce website;

b) Trader, organization that set up e-commerce website terminates its operation or transfer its website to another trader and organization.

c); Exceeding 30 (thirty) days but the E-commerce service provision website has no operation or responds no information upon requirement of the State management agencies;

d) Trader, organization that provides the e-commerce service canceled the registration as stipulated under Clause 3 of this Article;

2. Trader and organization set up the e-commerce when termination its operation or transfer to another trader, organization must notify to the Ministry of Industry and Trade before 07 working days to terminate the registration. The notification shall be sent online through the account of system that has been provided or sent in wring directly or by post office to the Ministry of Industry and trade (Department of E-commerce Affairs and Information Technology).

3. The Ministry of Industry and Trade shall cancel the registration of e-commerce service provision website in the following cases:

a) Conducting the prohibited acts in e-commerce operation as stipulated under Article 4 of the Decree No. 52/2013/ND-CP. 

b) Not complying with the obligations of reporting as stipulated under the Decree No. 52/2013/ND-CP and continuing its violation

c) Being cancelled the registration according to the decision of relevant authorities.

4. The information on e-commerce service provision website that is canceled shall be publicized on the on electronic-information portal.

Article 12.  Re-registration for e-commerce service provision website

1. Trader and organization when conducting the transfer e-commerce service provision website must re-register according to the procedures as stipulated under Article 8 of this Circular.

2. Time of re-registration shall not exceed 30 days since the day of receiving the transfer of e-commerce service provision website.

Article 13. Reporting obligations of trader, organization that registered e-commerce service provision website

1. Before January 15 every year, trader and organization setting up e-commerce service provision website must report to the Ministry of Industry and Trade the statistics on the operation of the previous year.

2. Trader and organization shall make an online report through the account of system of trader, organization at the e-commerce operation management portal.

3. To serve for the inspection, examination of the relevant agencies or to make it clear about the complaints of organizations, individuals as stipulated under Article 24 of this Circular, trader and organization that set up e-commerce service provision website has obligation to report and provide information on its operation on website when being requested.

Chapter III

PROCEDURE OF REGISTRATION FOR CREDIT EVALUATION ACTIVITIES OF E-COMMERCE WEBSITE

Article 14. Object of registration

Object of registration for credit evaluation activities of e-commerce website is trader; organizations established under Vietnamese law and being one of the following objects:

1. Being trading promotion or enterprise supporting organization;

2. Being media agencies, banking associations or consumer protection organizations;

3. Being trader operating in e-commerce field;

Article 15. Registration dossier

1. Form of application for credit evaluation of e-commerce website (according to the form TMDT-2 in the Appendix promulgated together with this Circular).

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

3. The Plan of evaluation activities of e-commerce website includes the following contents:

a) The official name of the credit evaluation program of e-commerce website;

b) The purpose of the credit evaluation activities of e-commerce website;

c) Time and frequency of credit evaluation activities;

d) Subjects or types of e-commerce website shall be evaluated; 

dd) Criteria applied to evaluate an e-commerce website, of which, it must include criteria for e-commerce website that completed the notification or registration with the Ministry of Industry and Trade as specified under the Decree No. 52/2013/ND-CP;

e) Procedures to evaluate an e-commerce website;

g) Ways to organize a credit evaluation and select human resources in implementing the evaluation;

h) Design of credit icon attached on evaluated e-commerce website;

i) The measures to inspect the operation of e-commerce website that has been attached the credit icon;

k) Rights, obligations of the credit evaluation party and the party having website evaluated;

Article 16. Registration procedures

1. The receiving, processing registration dossiers for  credit evaluation activities of e-commerce website are implemented online by the Ministry of Industry and Trade a on the Management Portal of E-commerce activities at the address www.online.gov.vn.

2. To declare dossiers, traders and organizations shall access on the Management Portal of E-commerce activities and process the following steps:

Step 1: traders and organizations register the access account on the system by providing the following information:

-  Name of traders and organizations;

- Business registration certificate number, establishment decision number;

- Business/ operation fields;

- Office address of traders and organizations;

- Other contacts include tel, fax, electronic mail.

Step 2: within 03 working days after receiving the result from Ministry of Industry and Trade via registered email on the following contents:

- If the information on account registration is full and valid, trader and organization is provided an account to sign in the system and process the step 3;

- If the account registration failed or being requested to provide more information, trader and organization must process the re-registration or add more information as requested.

Step 3: Trader, organizations sign in access account of the system, select the button Register for credit evaluation of e-commerce website, process the declaration according to the form and attach the registration dossier as stipulated under Article 15 of this Circular. 

Step 4: Within 15 working days, trader and organization receive the confirmation information from the Ministry of Industry and Trade via registered email address about one of the following contents:

- Confirmation on full and valid dossier and request trader and organization to process step 5;

- Notification on the invalid dossier or request to supplement information; at that time, trader and organization will turn back to step 3 to re-declare or provide more information as requested.

Step 5: After receiving the notification that the dossier is full and valid, trader and organization shall send the complete registration dossier (the papers) to the Ministry of Industry and Trade (Department of E-commerce Affairs and Information Technology) as stipulated under Article 15 of this Circular.

3. Trader and organization shall have the responsibility to keep track of status of processing dossier through electronic mail or access account of system that have been provided to conduct update and edit information as required.

4. Within 30 working days since the day of receiving the notification of editing information at step 4 as stipulated under Clause 2 of this Article, if traders and organizations have no response, the registration dossier on the system will lock, and trader and organization shall conduct the re-registration.

Article 17. Registration confirmation

1. Time for registration: 07 working days after receiving the full and valid registration dossier (the papers)  from trader and organization to Ministry of Industry and Commerce (Department of E-commerce Affairs and Information Technology) via post office or directly when completing the registration procedures as stipulated under Clause 2, Article 16 of this Circular. In case the dossier (the papers) sent is not in accordance with the documents, information that trader and organization declare online, the Ministry of Industry and Trade shall send the notification through the email address that trader and organization registered to complete the dossier.

2. When confirming the registration, the Ministry of Industry and Trade shall send a registration confirmation notification to traders, organizations through registered email address and list their names into traders or organizations evaluating the credit of E-commerce website having performed procedures for the registration at the portal management of e-commerce operation.

3. After receiving the registration confirmation, the credit icon of traders, organizations having performed the credit evaluation of e-commerce websites and the list of websites attached with this icon shall be publicized at the portal management of e-commerce operation.

Article 18. Registration modification, supplementation 

1. The traders or organizations having performed the credit evaluation of e-commerce websites must notify the modification and supplementation of registered information within 07 working days when there is one of the following changes:

a) Change of the name of the traders or organizations;

b) Change of the representative of traders and organizations; change on the person responsible for credit evaluation activities of e-commerce websites;

c) Change of address of head office or contact information;

d) Change of criteria and credit evaluation procedure of e-commerce website or other contents of the Plan of credit evaluation activities of e-commerce website as stipulated under Article 15 of this Circular.

2. The notification on modification and supplementation shall be sent online through the access account of system that has been provided or in writing to the Ministry of Industry and Trade (Department of E-commerce Affairs and Information Technology), attached the copies of papers, documents to prove the changes (if any).

3. Within 07 working days since the day of receiving the full and valid notification from trader and organization as stipulated under Clause 2 of this Article, the Ministry of Industry and Trade shall consider the confirmation or non-confirmation on the modified and supplemented information through the access account of system that have been provided. In case of not confirming, it must state clearly the reasons. 

Article 19. Registration cancellation, termination

1. The Ministry of Industry and Trade shall terminate the registration for traders, organizations having performed the credit evaluation activities of e-commerce website in the following cases:

a) According to the proposal of that trader, organization;

b) Trader, organization terminates its credit evaluation activities of e-commerce website

c) Trader, organizations having performed the credit evaluation activities of e-commerce website not complying with the obligations as specified under Clause 4 Article 61 of the Decree No. 52/2013/ND-CP and still violated after reminding.

d) Traders, organizations having performed the credit evaluation activities of e-commerce website are being canceled the registration according to the regulations under Clause 2 Article 61 of the Decree No. 52/2013/ND-CP.

2. Trader and organization organizing the credit evaluation of E-commerce website when terminating its operation must notify to the Ministry of Industry and Trade before 15 working days to terminate the registration. The notification shall be sent online through the access account of system that has been provided or sent in wring directly or by post office to the Ministry of Industry and Trade (Department of E-commerce Affairs and Information Technology).

3. When terminating or cancelling the registration, the Ministry of Industry and Trade shall remove the name of trades and organizations out of the list of traders or organizations evaluating the credit of E-commerce website having performed procedures for the registration; Remove the credit icon of traders and organizations and the list of websites attached this icon at the portal management of e-commerce operation.

Article 20. Reporting obligations of trader, organization organizing the credit evaluation of e-commerce website

1. Before the 5th date of every month, , traders and organizations shall make a report to the Ministry of Industry and Trade on the updated list of E-commerce websites attached with credit icons at the end of the previous month.

2.  Before the 15th date of January every year, traders and organizations organization organizing the credit evaluation of e-commerce website must make an online report to the Ministry of Industry and Trade on the result of credit evaluation activities of the previous year through access account of traders, organizations at the portal management of e-commerce operation. 

3. To serve for the inspection, examination of the State relevant agencies or to make it clear about the complaints of organizations, individuals as stipulated under Article 24 of this Circular, organizing the credit evaluation of e-commerce website has obligation to report and provide information on websites attached with credit icon when being requested by the Ministry of Industry and Trade.

Chapter IV

INFORMATION PUBLICATION ON PORTAL MANAGEMENT OF E-COMMERCE OPERATION

Article 21. E-commerce websites having performed procedures for announcement and registration

1. As soon as e-commerce website completed the procedures of notification or registration according to the regulation under this Circular and received the confirmation of the Ministry of Industry and Trade, information on website shall be in the list of e-commerce websites having performed procedures for announcement and registration to publicize on the Management Portal of E-commerce activities.

2. The information announced includes the information as stipulated under Clause 2 Article 65 of the Decree No. 52/2013/ND-CP.

3. When an e-commerce service provision website is terminated or cancelled the registration, the information about website shall not be in this list and moved into the list of website that terminated the registration or into the list of websites that violated the law as regulated under Article 23 of this Circular.

Article 22. Traders or organizations evaluating the credit of E-commerce website having performed procedures for the registration

1. As soon as trader and organization having performed  the credit evaluation of e-commerce website complete the registration procedures in accordance with the regulations under this Circular and receives the confirmation of the Ministry of Industry and Trade, information on trader and organizations shall be in the list of traders or organizations evaluating the credit of E-commerce website having performed procedures for the registration to publicize on the Management Portal of E-commerce activities.

2. The publicized information includes the information as stipulated under Clause 2 Article 66 of the Decree No. 52/2013/ND-CP.

3. When being terminated and canceled the registration, information on trader, organization organizing the credit evaluation of e-commerce website shall be removed out of this list and moved into the status of terminating the registration or moved into the list of e-commerce websites violate regulations of law.

Article 23. List of E-commerce websites violate regulations of law

1. The Ministry of Industry and Trade shall publicize the list of E-commerce websites violate regulations of law at the portal management of e-commerce operation as stipulated under Article 4 of the Decree No. 52/2013/ND-CP and other regulations on handling the administrative violations in e-commerce.

2. The publicized information includes:

a) Name of e-commerce website;

b) Name and information of trader, organization owning the website;

c) Violated acts of trader, organization, and individual;

Article 24. Receiving the complaints and publicizing the list of e-commerce websites reflected with the signs of violation of law

1. The Ministry of Industry and Trade shall receive the complaints of organizations, individuals on the following acts on e-commerce website:

a) Violate the regulations on notification and registration of e-commerce website;

b) Violate the regulations on contract commitment in e-commerce under the Decree No. 52/2013/ND-CP;

c) Violate the regulations on obligations of e-commerce website owner selling goods or providing the e-commerce service under the Decree No. 52/2013/ND-CP;

d) Violate on the regulations on protecting the personal information and payment safety in e-commerce under the Decree No. 52/2013/ND-CP;

dd) Other violations as regulated under Article 4 of the Decree No. 52/2013/ND-CP;

2. Organizations, individuals shall make online complaint on the Management Portal of E-commerce activities at the address www.online.gov.vn. When making complaints, organizations and individuals must provide the following information:

a) Name, ID number, address, telephone number and email address of the complainants;

b) The address of e-commerce websites that have the complained acts;

c) Acts of being complained;

d) The summary of complained content;

dd) Documents, proof to prove the acts of violation (if any);

3. After 10 working days since the day of receiving the declaring request from the Ministry of Industry and Trade, if traders and organizations of e-commerce websites have no responses, that website shall be in e-commerce websites of being complained on having the acts of law violation and it can be sanctioned administratively according to the Law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 25. Implementation responsibilities

1. The Ministry of Industry and Trade hands over Department of E-commerce Affairs and Information Technology to implement the procedures of notification and registration of e-commerce websites, registration for credit evaluation activities of e-commerce website and publicity of information on the portal management of e-commerce operation in accordance with the regulations under this Circular.

2. Related agencies, organizations and units belong to the Ministry of Industry and Trade shall have the responsibility to cooperate and participate in the State management for e-commerce activities according to its competence.

2. The Department of Industry and Trade of provinces and centrally run cities within its competence to cooperate with the Department of E-commerce Affairs and Information Technology to certify the notified and registered information; keep track of, update and publicize the information on the portal management of e-commerce operation.

Article 26. Effect

1. This Circular takes effect from July 01, 2013.

2. This Circular replaces the Circular No. 46/2010/TT-BCT dated December 31, 2012 of the Ministry of Industry and trade regulating on operation management of e-commerce website selling goods or providing services.

3. Traders, organizations that conduct the registration of providing e-commerce service as stipulated under the Circular No. 46/2010/TT-BCT must supplement the registration dossier within 90 working days since the effective day of this Circular to comply with the regulations under this Circular.

4. 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./.

For the Minister

Deputy Minister

Tran Tuan Anh