Hello lawyer, I want to do business on my own website but because I don’t know some of the specific regulations of this exchange. So I did not dare to do much business and was a bit hesitant. I want to ask clearly about the regulations and conditions on the e-commerce trading floor. I hope the lawyer will answer me soon.”
Questions about regulations on e-commerce trading floors will be answered at Lawyer X, please refer to the details below the article.
How was the e-commerce trading floor formed?
An 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 buying and selling goods and services on the Internet. there.
The e-commerce trading floor does not include online securities trading websites.”
Conclusion: E-commerce trading floor is understood as website providing e-commerce services (collectively referred to as website providing e-commerce services). Through the E-commerce Exchange, traders, organizations and individuals who are not website owners can conduct part or the whole process of buying and selling goods and services.
Regulations on e-commerce trading floors
Pursuant to Article 35 of Decree 52/2013/ND-CP specifically stipulating:
“Article 35. E-commerce trading floor service provision
- Traders and organizations providing services on e-commerce trading floor are traders or organizations that set up e-commerce websites so that other traders, organizations and individuals can conduct part or all of them. a set of processes for buying and selling goods and services on it.
- Operational forms of e-commerce trading floor:
a) Website allows participants to open booths on it to display and introduce goods or services;
b) Website allowing participants to set up branch websites to display and introduce goods or services;
c) The website has a buying and selling section on it allowing participants to post information about buying and selling goods and services;
d) Other types of websites prescribed by the Ministry of Industry and Trade.
- Website operating under the mode of commodity exchange:
a) Traders or organizations that set up e-commerce websites, which allow participants to purchase and sell goods by the mode of the Goods Exchange, must obtain a license to establish the Goods Exchange and comply with the provisions of law on the commodity exchange;
b) The Ministry of Industry and Trade shall specify the mechanism for supervision and connection of transaction information between the state management agency and the Goods Exchange and other requirements on the operation of the website operating by the exchange method. commodity translation.”
Accordingly: Managing business activities on social networks
– Social networks with one of the forms of operation specified at Points a, b, c, Clause 2, Article 35 of Decree No. 52/2013/ND-CP must register with the Ministry of Industry and Trade in the form of registration. e-commerce trading platform.
Traders and organizations that set up social networks specified in Clause 1 of this Article must fulfill the responsibilities of traders and organizations providing services of e-commerce trading floors in accordance with law.
– Sellers on social networks specified in Clause 1 of this Article must comply with the provisions of Article 37 of Decree No. 52/2013/ND-CP.
Conclusion: In your case, your website is an e-commerce website that allows both you (as the owner of the website) and other merchants, organizations; and individuals who are not the owners of the website to open stores. goods on which to display or introduce goods or services; participate in posting news to buy and sell goods and services. So with that active content, your website is classified as an e-commerce exchange.
Conditions for setting up an e-commerce trading floor website
Firstly, it is an enterprise established in accordance with the law that has been granted business registration
The first condition for an enterprise to register for an e-commerce trading floor is to have a business registration certificate licensed by the Department of Planning and Investment of the province or city where the enterprise is headquartered.
Secondly, have a website owned by the business
On the homepage of the website, there are regulations on the operation of the e-commerce trading floor
On the “Home” page of the website, it is necessary to develop and publicly announce the operating regulations of the e-commerce trading floor; monitor and ensure the implementation of that regulation on the e-commerce trading floor. Regulations on operation of an e-commerce trading floor must include the following contents:
Rights and obligations of traders and organizations providing e-commerce trading floor services;
Rights and obligations of users of e-commerce trading floor services;
Describe the transaction process for each type of transaction that can be conducted on the e-commerce trading floor;
Review activities and handling competence of traders and organizations providing services of e-commerce trading floor when detecting illegal business acts on the trading floor;
Rights and obligations of the parties in transactions performed on the e-commerce trading floor;
Limiting the liability of traders and organizations providing e-commerce trading floor services in transactions performed on the floor;
Regulations on information security and information management on the e-commerce trading floor;
Mechanism to settle complaints and disputes between parties related to transactions conducted on the e-commerce trading floor;
Policy on protection of personal information of users of e-commerce trading floor services;
Measures to deal with acts of infringing on consumers’ interests on e-commerce trading floors;
Measures to handle violations for those who do not comply with the operating regulations of the e-commerce trading floor.
Must have information of the seller on the e-commerce exchange:
– Name and address of the head office of the trader or organization or the name and permanent address of the individual.
– Number, date and place of issue of the business registration certificate of the trader, or the number, date of issue and the unit issuing the establishment decision of the organization, or the personal tax identification number of the individual.
– Phone number or another online contact method.
Establish a mechanism that allows traders, organizations and individuals participating in e-commerce trading floors to perform the contract signing process if the website has an online ordering function, specifically:
Notice inviting proposal to enter into contract;
Provide the terms of the contract when using the online ordering function on the e-commerce website;
Offer to enter into a contract;
Review and confirm contract content;
Respond to the proposal for entering into a contract;
Termination of an offer to enter into a contract;
Time to enter into a contract when using the online ordering function on the e-commerce website;
Contract termination procedures for e-commerce service contracts and other online services;
Signing a contract on an e-commerce website for purchase.
Store personal information of subjects participating in e-commerce trading floors, including:
Purpose of collecting personal information;
Scope of information use;
Information storage time;
Persons or organizations that may have access to such information;
The address of the information collection and management unit, including the contact method so that the consumer can inquire about the collection and processing of information related to him/her;
Methods and tools for consumers to access and correct their personal data on the e-commerce system of the information collecting unit.
Mechanism for receiving and resolving consumer complaints related to the misuse of personal information or the reported scope.
Thirdly, 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 e-commerce service providers and service users.
Finally, registered to set up an e-commerce service provision website and was registered by the Ministry of Industry and Trade with the registration symbol as follows:
An application file for registration of providing services of an E-commerce trading floor includes:
Application form for website providing e-commerce services
Certified copy of business registration certificate, investment certificate or investment license (for traders);
Service provision scheme;
Related article:
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- Fraud issues relating to E-commerce in Vietnam
- Principles of commercial contracts in Vietnam
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