Hello Lawyer. I am currently learning and interested in e-commerce trading platforms. I know e-commerce trading floor is not a new business model in Vietnam, since 2005 there have been large e-commerce exchanges promoting the e-commerce market in Vietnam. But because I am new to this type of business, I would like to know more about the registration service of the e-commerce floor in 2022. Looking forward to the lawyer’s reply.
Thank you for sending questions to Lawyer X. To answer your questions, please refer to the article below!
Legal grounds
Decree 52/2013/ND-CP
Circular No. 47/2014/TT-BCT
What is an e-commerce platform?
According to the provisions of Clause 8, Article 3, Decree 52/2013/ND-CP stipulates:
“E-commerce website is an electronic information page that is set up to serve part or the whole process of buying and selling goods or providing services, from displaying and introducing goods and services to delivering goods and services. contract, service provision, payment and after-sales service”.
Including: E-commerce trading floor, online promotion website, online auction website, sales e-commerce website…
Referring to Clause 9 of Article 3, “E-commerce trading floor is an e-commerce website that allows traders, organizations and individuals who are not website owners to conduct part or the whole process of buy and sell goods and services on it”.
Its full English name is “Electronic Commerce Exchange“. With the registration of a seller account on individual e-commerce exchanges, businesses can freely display and introduce their products, services, and brands to users. The e-commerce platform is also a place where you can post classifieds, auctions, bidding, etc.
In Vietnam, there are some websites that provide transaction services on popular e-commerce platforms such as Shopee, Tiki, Lazada, Sendo, Hotdeal, and Adayroi, …
Conditions for setting up a website providing e-commerce services
Pursuant to the provisions of Article 54 of Decree 52/2013/ND-CP, which is amended and supplemented with a number of articles by Decree 08/2018/ND-CP, in order to establish a website providing e-commerce services, the company/enterprises need to meet the following conditions:
- Being a trader or an organization established in accordance with law.
- There is a service provision project which clearly states the following contents:
Operational organization model, including service provision, promotion and marketing activities both inside and outside the online environment;
Delimitation of rights and responsibilities between traders and organizations providing e-commerce services and service users. - Has registered to set up an e-commerce service provision website and has been certified by the Ministry of Industry and Trade.
On the other hand, according to Article 13 of Circular No. 47/2014/TT-BCT as amended by Clause 2, Article 1 of Circular 21/2018/TT-BCT, the registered subjects are traders or organizations with commercial websites. electronic devices that provide at least one of the following services:
- E-commerce trading floor services.
- Online promotional services.
- Online auction service.
What is the order and procedure for registering an e-commerce service website?
Registration Profile
According to the provisions of Article 14 of Circular No. 47/2014/TT-BCT as amended by Article 11 of Circular 04/2016/TT-BCT, the company or enterprise needs to prepare a dossier including:
– Application form for website providing e-commerce services;
– A copy from the original book or a certified copy or a copy to be presented together with the original for comparison of the Establishment Decision (for organizations), the Certificate of Business Registration or the Investment Certificate (for the case of an organization). with traders);
– The scheme on provision of e-commerce services as prescribed at Points a and c, Clause 3, Article 54 of Decree No. 52/2013/ND-CP.
– Regulations on operation management of websites providing e-commerce services as prescribed at Point d, Clause 2, Article 55 of Decree No. 52/2013/ND-CP;
– A form of service contract or cooperation agreement between a trader or organization that owns an e-commerce service provision website and a trader, organization or individual participating in the purchase and sale of goods and provision of services on the website. there;
– General trading conditions applicable to the purchase and sale of goods and provision of services on the website (if any).
Registration Process
According to Article 15 of Circular No. 47/2014/TT-BCT, the process of registering an e-commerce service website is carried out as follows:
Step 1: Visit the website: www.online.gov.vn.
Step 2: Traders and organizations register for an account and log in to the system by providing the following information:
- Name of the trader or organization;
- Business registration number of the trader, number of the establishment decision of the organization;
- Field of business/activity;
- Address of the head office of the trader or organization;
- Contact information.
Step 3: Within 3 working days, traders or organizations receive results from the Ministry of Industry and Trade via registered email addresses, traders or organizations are granted an account to log in to the system or are denied access to the system. refuse or request additional information.
Step 4: After being granted an account to log in to the system, traders and organizations log in, select the function of Registering an e-commerce service provider website, declare information according to the form and attach it. registration file.
Step 5: Within 7 working days, traders and organizations receive feedback from the Ministry of Industry and Trade via registered email address, valid dossier results or need to supplement information.
Step 6: After receiving the notification confirming that the application is complete and valid, the trader or organization sends to the Ministry of Industry and Trade (the Department of E-Commerce and Digital Economy) a complete set of registration documents (paper copy). ).
Step 7: Traders and organizations are responsible for monitoring the processing status of documents via email or the granted system access account in order to update and edit information as required.
Step 8: Within 30 working days after receiving the notice requesting additional information, if the trader or organization has no response, the registration dossier on the system will be terminated and the trader, The organization must re-register from the beginning.
Result
Publish publicly on the e-commerce management portal a list of registered e-commerce service websites, including the following information:
Name of e-commerce website and type of website as notified or registered with the Ministry of Industry and Trade;
Name and contact information of the trader, organization or individual that owns the e-commerce website;
Business registration number of the trader, the number of the establishment decision of the organization or the personal tax code of the individual who owns the e-commerce website.
The Ministry of Industry and Trade will send traders and organizations via registered email addresses a piece of code to attach to websites providing e-commerce services, displayed as a registration symbol. When selecting this icon, the user is directed to the corresponding registration information of the trader or organization at the e-commerce management portal.
Related article:
- Does business suspension require notifying the competent authority in Vietnam?
- Fraud issues relating to E-commerce in Vietnam
- Principles of commercial contracts in Vietnam
Frequently asked questions
Pursuant to Clause 1, Article 2 of Decree 52/2013/ND-CP, traders, organizations and individuals participating in e-commerce activities in the Vietnamese territory, include:
– Vietnamese traders, organizations and individuals;
– Foreign individuals residing in Vietnam;
– Foreign traders and organizations have a presence in Vietnam through investment activities, setting up branches, representative offices, or setting up websites under Vietnamese domain names.
a) Forging registration information or failing to comply with regulations on the form and specifications of registration information disclosure on e-commerce websites;
b) Using logos of credit rating programs for e-commerce websites without being recognized by these programs;
c) Using links, logos or other technologies on e-commerce websites to cause confusion about the relationship with other traders, organizations; or individuals;
d) Using the link to provide information that is contrary or misleading to the information published in the area of the website with this link attached.
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand personal information of client Lawyer X will be 100% confidential.
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Contact LSX Lawfirm
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