Circular 12/2013/tt-Bct: Rules Procedures For Notification, Registration And Disclosure Of Information Related To E-Commerce Website

Original Language Title: Thông tư 12/2013/TT-BCT: Quy định thủ tục thông báo, đăng ký và công bố thông tin liên quan đến website thương mại điện tử

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MINISTRY OF COMMERCE
Numbers: 12 /2013/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 20, 2013

IT ' S SMART

Specify the notification procedure, register and publish information Related. to the e-commerce website Yeah.

______________________________

Base of Protocol 95 /2012/NĐ-CP n g 12 Ah! - 11 2012 of Ch I'm The government provides for the function, duties, powers, and organizational structure of the Ministry of Commerce;

Root Come on Decrees Stain. 52/20 1 3/ND-CP on 16th Ah! 5 years 20 1 3 of Ch I'm It ' s about e-commerce.

The Minister of Public Works Department of Public Affairs regulates the procedure of notification, registration and work. Stain. Relevant information. What? n electronic commerce website Oh,

Chapter I

COMMON RULES

What? 1. The adjustment range

This information specifies the application of the order, the notification procedure, the registration of the e-commerce website, the registration of the online commerce website reporting activities and the information publication on the Electronic Business Activity Portal Information Portal.

What? 2. Oh! Apply

This is applied to traders, organizations, individuals engaged in e-commerce activities on Vietnamese territory, including:

1. trader, organization, individual who set up the sales electronics website.

2. traders, organizations that establish a website that provides e-commerce services.

3. trader, organization that evaluated the credit rating of the e-commerce website.

Chapter II

NOTIFICATION PROCEDURE, WEBSITE REGISTRATION ELECTRONIC COMMERCE

Item 1

GLOBAL E-COMMERCE WEBSITE

What? 3. The object to announce the sales e-commerce website

The object to the sales of the e-commerce website includes:

1. traders.

2. The organization that is in function, the mission to include the organization of sales activities, offering services or conducting e-commerce activities.

3. Individuals have been granted a personal income tax code.

What? 4. Information Process

1. The reception, the handling of the sale of the sales electronics website was made online by the Ministry of Commerce via the Electronic Commercial Operations Management Portal at the www.online.gov.vn address.

2. merchants, organizations, individuals set up the sales e-commerce website access to the Electronic Business Operations Management Portal and take the following steps:

Step 1: Traders, hive function, c Ah! You're not What? system login by providing the following information:

- The name of the merchant, the organization, the individual.

- Number of Eat. The trader ' s business or the number of established decisions of the organization or the personal income tax code of the individual. Yes. n;

- Business/Operations sector;

- The headquarters of the trader, t socket function or the permanent address of the individual;

- Contact information, including s Stain. Phone, fax, email address.

Step 2: In time 03 (three) working day, trader, t socket function, the individual received the results from the Ministry of Commerce via email address posted on k. What? about one of the following events:

- If the account registration is full brew , traders, organizations, individuals are granted an account of their login. Stain. And move on to Step 3;

- If you register an account from ch Stain. i or ask b socket Sung, traders, t socket function, personal Yes. You must proceed. What? Or add the required information.

Step 3: After being granted a system login account, Yes. n, t socket function, c Ah! - What? Login, select the notification function w ebsite sales electronics sales and advanced b-mining Ah! o information on the template.

Step 4: In time 03 (three) working day, trader, organization, personality, etc. Yes. n receiving the Department of Commerce feedback via email addresses registered to one of the following events:

- Confirm full declaration information, merge l Oh,

- Indicates incomplete or unvalid declaration information. When the Boob , trader, t socket function, the individual has to go back. Okay. Step three. Okay. declared b Ah! o l Or b. socket All the information on request.

3. traders, organizations, individuals who are responsible for monitoring the status of processing records via email or system access accounts have been issued to conduct updates and correct information on the request.

What? 5. Change, End of Information notified

1. In the event of a change in one of the regulatory information at paragraph 2 Article 53 Digital Protocol 52 /2013/ND-CP Or stopped working on a sales electronic commerce website that announced, traders, organizations, individuals must notify the Ministry of Commerce in the time of the 07 (seven) days of work since there was a change of information or ceased operations.

2. The change, termination of notification information on the sales electronic commerce website made online through a system access account that was granted when traders, organizations, individuals conduct a prescribed notification at Article 4 of this Information.

3. The time of confirmation of the change, termination of notification information: 03 (three) working day since the date received full notice, the exact date of the trader, the organization, the individual sent to the Ministry of Commerce as prescribed at Section 2 This.

Item 2

SUBSCRIPTION TO THE WEBSITE PROVIDING E-COMMERCE SERVICES

What? 6 . Counterpoint Register

Registered subjects are traders or organizations operating in the area of commercial promotion or corporate support, whose e-commerce website provides at least one of the following services:

1. Electronic Commercial Exchange Service.

2. Online free service.

3. Online auction service.

What? 7. Registration Profile

1. The website registration application provides an electronic commerce service (according to the TMT-1 model at the Appendix issued by this Information).

2. The copy of the established decision-making (for the organization), the business registration certificate, investment certificate or investment license (for merchants).

3. The project provides a prescribed service at paragraph 3 Article 54 of the number 52 /2013/NĐ-CP.

4. The operational management process of the website provides an electronic commerce service by regulation at point 2 Article 55 Decree No. 55. 52 /2013/NĐ-CP.

5. A service contract or partnership agreement between a trader, which owns a website that provides e-commerce services with merchants, organizations, individuals involved in the purchase of goods, and services on that website.

6. Joint transaction conditions apply to the sales of goods, offering services on the website (if applicable).

What? 8. Registration Process

1. The reception, handling of the website registration website providing e-commerce services was made online by the Ministry of Commerce via the Electronic Commercial Operations Management Portal at the www.online.gov.vn address.

2. To declare records, traders, access to the Electronic Business Operations Management Portal and conduct the following steps:

Step 1 : Mercy. Yes. n, the organization posts k What? the account. What? Import system by supply All The following information:

- The merchant, the organization.

- Number of What? K What? Merchant's business, the number of founding decisions. socket function;

- Business/Operations sector;

- The headquarters of the trader, the organization;

- Contact information, including s Stain. Phone, fax, email address.

Step 2: In the time of 3 (3) working days, traders, organizations receiving results from the Ministry of Commerce through email addresses registered to one of the following contents:

- If the full account registration information, the trader, the organization is granted a system logon account and proceed to Step 3;

- If you register an account from ch Stain. i, or request for additional information, traders, organizations must conduct a reregistration or supplement the required information.

Step 3: After being granted a system login account, the trader, the organization conducts login, selects the websi Registry function. t e to provide e-commerce services, conduct a sample of information according to the template and I'm With the registration file specified in this Article 7.

Step 4: In the time of the 07 (seven) day of employment, traders, the organization receiving the feedback of the Ministry of Commerce via email addresses registered to one of the following content:

- Confirm the full, valid registration records and requirements for the trader, the implementation of Step 5;

- Pine Ah! o registration records are not valid or require b socket Information. Then the trader, the shooting. Okay. Step three. Okay. declared b Ah! o re or b socket All the information, the files on request.

Step 5: After receiving a notice of confirmation of the full and valid filing, the trader, the organization sent back to the Ministry of Commerce (Bureau of Electronic Commerce and Information Technology) filed a registration. What? complete (paper) specified in this Article 7.

3. The organization, whose organization is responsible for monitoring the status of the profile via email or the system access account has been issued to conduct updates and correct information on the request.

4. During the 30 (thirty) days of employment since receiving notice of the request for additional information in Step 4 by regulation at paragraph 2 This Article, if the trader, the organization without feedback, the registration record on the system will be locked and traders, the organization said. The post must proceed from scratch.

What? 9. Registration confirmation

1. Time of validation of registration: 05 (year) day of work since the date of receiving a full sheet of paper registration, valid by the trader, the organization sent directly or through the Post Office on the Ministry of Commerce (Bureau of Electronic Commerce and Information Technology) upon completion. The registration process stipulated in paragraph 2 Article 8 of this. The case of the filing of the letter sent unmatched with the documents, information that the trader, the organization told online via the system access to the system, the Ministry of Commerce informed the email address that the trader, the organization registered to negotiate, The organization's complete.

2. When confirming the registration, the Ministry of Commerce will send to the trader, which organizes through the email address that has registered a code section to attach to the website that provides the e-commerce service, which represents the registration symbol. When selecting this symbol, the user is led to the part of the trader's registration information, the organization setting up the website that provides the e-commerce service at the Electronic Business Activity Portal Information Portal.

What? 10. Modified, supplemation of registration information

1. The case with a change in one of the information related to the e-commerce provider website has been registered as stipulated at 1 Article 56 Digital Protocol. 52 /2013/ND-CP, Trader, the organization must inform the Ministry of Commerce in the time of the 7 (seven) day of work since the date of the change of information.

2. The announcement was made online via a system access account that was issued or by text sent directly or via the Post Office on the Ministry of Commerce (Electronic Commerce and Information Technology), accompanied by a copy of the documents, documents, and documents. proof of change (if any).

3. In the time of 07 (seven) working days since the date of receiving full notice, the accuracy of the trader, organized by regulation at paragraph 2 This, the Ministry of Commerce conducts review of the confirmation or does not confirm the revised information, supplements and responses. Back to the trader, the organization through the access to the system was granted; the unconfirmed case must specify a reason.

What? 11. commission Drop it, end the registration.

1. The Ministry of Industry terminated its registration to the website providing e-commerce services in the following circumstances:

a) At the request of the trader, the organization set up the website;

b) The trader, organization setting up the shutdown website or transfer of the website to merchants, other organizations;

c) Too 30 (thirty) days where the website has no activity or traders, the organization does not respond to information when asked by the state regulator;

d) The trader, the organization that provides the cancelled electronic commerce service in accordance with the regulation at paragraph 3 This.

2. Workers, organizations that set up the e-commerce website at the end of the operation or transfer the website must notify the Ministry of Industry before 7 (seven) days of work to terminate the registration. This announcement is made online via a system access account that has been issued when conducting registration or by text sent directly or via the Post Office on the Ministry of Commerce (Electronic Commerce and Information Technology).

3. The Ministry of Commerce rescints the website that provides the e-commerce service of the traders, the organization has the following behaviour:

a) implementation of the prohibited behaviors in accordance with the regulation of electronic commerce in accordance with Article 4 Digital Protocol 52 /2013/NĐ-CP;

b) Do not implement the specified report obligation at the Digital Protocol 52 /2013/ND-CP and continue to resin after being reminded;

c) Failed to register under the decision to process the violation of the competent state agency.

4. Information on websites that provide the registered e-commerce service will be published on the Electronic Business Activity Portal Information Portal.

What? 12. Sign up for the commercial service provider website. Don't I am

1. The trader, organization, when receiving a transfer of the website provides an electronic commerce service that must proceed in accordance with the regulatory process at this Article 8.

2. The time of the trader, the organization must proceed to register again not to exceed 30 (thirty) days from the date of the transfer of the website which provides the e-commerce service.

What? 13. Yes. n, the organization registered the website providing e-commerce services.

1. Prior to January 15, traders, organizations that set up the website providing e-commerce services must report the Department of Public Health Statistics statistics on the operational situation of the previous year.

2. The report is made online through the account of the trader, which is held at the Electronic Trade Activity Management Portal.

3. To serve the inspection of the inspection, inspection of the state governing body or clarify the reflection information of the organization, the individual under the regulation at Article 24 of this, the trader, the organization setting up the website offering the e-commerce service is obligated. solved and provided information about activities on its website when asked by the Ministry of Commerce.

Chapter III

CREDIT RATING ASSESSMENT PROCEDURE E-COMMERCE WEBSITE

What? 14. Registration Object

The registered trademark assessment of the e-commerce website is a trader, organized by the Vietnamese law and belonging to one of the following subjects:

1. As a commercial promotion or business support organization.

2. As the media agency, the industry association or the organization that protects consumer rights.

3. As an active trader in the field of e-commerce.

What? 15. Registration Profile

1. The registration application evaluated the electronic commerce website credit rating (according to TTMT-2 at the Appendix issued by this Information).

2. The copy of the established decision-making (for the organization), the business registration certificate, investment certificate or investment license (for merchants).

3. The operational project assessment of the e-commerce website includes the following minimum content:

a) Official name of the e-commerce website credit rating;

b) The purpose of evaluating the credit rating of the e-commerce website;

c) Time and frequency to conduct a credit rating assessment;

d) The object or type of e-commerce website will be evaluated for credit;

) The criteria are applied to evaluate an e-commerce website, which must include the e-commerce website criterion that has completed the announcement or registration with the Ministry of Commerce under the stipulation at the International Protocol (s). 52 /2013/NĐ-CP;

e) Process, how to proceed to evaluate an e-commerce website;

g) The way of organizing activities to assess the confidence and the choice of personnel perform the assessment;

h) The symbolic symbolic design will attach to the e-commerce websites that are evaluated;

i) The operational monitoring of electronic commercial wesbite has been installed as a symbol of confidence;

l) Rights, the obligations of the credit card and the party with a credit rating website.

What? 16. Registration Process

1. The reception, handling of the registration record of the evaluation of the e-commerce website was made online by the Ministry of Commerce via the Electronic Commercial Operations Management Portal at the www.online.gov.vn address.

2. To declare records, traders, access to the Electronic Business Operations Management Portal and conduct the following steps:

Step 1 : Traders, the organization posts k What? system login by providing the following information:

- The merchant, the organization.

- The business registration number of the trader or the number of established decisions of the organization;

- K field i Business/activity;

- The headquarters of the trader, t socket function;

- Communications, including phone numbers, fax, email addresses.

Step 2: In time 03 (three) working day, trader, t socket Recognizing the results from the Ministry of Commerce via email addresses registered to one of the following events:

- N What? The full account registration information, the trader, the organization is granted a system login account and proceed to Step 3;

- N What? Register to register account from ch Stain. i or request for additional information, trademarks Yes. n, the organization must conduct a reregistration or supplement the required information.

Step 3: The merchant, the organization logged into its account on the governor, chose the Register function. What? active assessment of the e-commerce website, conducting an opening b Ah! o the sample information and attachment of the registration profile specified at this Article 15.

Step 4: In the 15 (fifteen) days l work, traders, organizations receive feedback from the Ministry of Commerce via email to one of the following content:

- Confirm full registration records, merge l There is a five-year-old.

- Unsigned registration profile notification l Or ask for additional information. Then the trader, the shooting. Okay. Step three. Okay. declare l Or add the information, the file on request.

Step 5: After receiving the message b Ah! o confirm the full and valid profile, traders, the organization sent to the Ministry of Commerce (Department of Electronic Commerce and Information Technology) the complete registration profile (paper) prescribed at the Travel Department. Okay. This is 15.

3. The organization, whose organization is responsible for monitoring the status of the profile via email or the system access account has been issued to conduct updates and correct information on the request.

4. During the 30 (thirty) days of employment since receiving notice of the request for additional information in Step 4 by regulation at paragraph 2 This Article, if the trader, the organization without feedback, the registration record on the system will be locked and traders, the organization said. The post must proceed from scratch.

What? 17. Registration confirmation

1. Time of confirmation of registration: 07 (seven) working day since the date of receiving a full sheet of paper registration, valid due to the trader, the organization sent directly or through the Post Office on the Ministry of Commerce (Bureau of Electronic Commerce and Information Technology) upon completion. The registration process stipulated at 2 Article 16 of this. The case of the filing of the letter sent back does not match the documents, the information that the trader, the organization declared online, the Ministry of Commerce informed the email address that the trader, the organization had registered for the trader, the complete organization of the records.

2. When confirming the registration, the Ministry of Commerce will send a notice of the confirmation of the registration to the trader, the organization through the registered email address, at the same time taking the name of the trader, organizing on the list of merchants, the organization providing credit rating services. It's registered on the Electronic Business Activity Portal.

3. After being confirmed to register, the trader ' s credit symbol, the organization that evaluated the e-commerce website along with the list of sites that are attached to this icon will be published on the Electronic Business Activity Management Portal.

What? 18. Modified, supplemation of registration information

1. The trader, the organization that evaluated the e-commerce website must inform the amendment, compleming the registration information in the period 07 (seven) working days since the date of one of the following changes:

a) Change the name of the merchant, the organization;

b) Change the representative of the trader, organization; change the person responsible for the assessment of the e-commerce website credit rating;

c) Change the address of the transaction headquarters or contact information;

d) Change the criteria and process of evaluating the e-commerce website or other content of the Electronic Trade website credit rating assessment specified at the Article 3 Article 15 of this Information.

2. The announcement of the amendment, the addition of registration information made online through the system access account was granted when conducting registration or by text sent directly or via the Post Office on the Ministry of Commerce (the Department of Electronic Commerce and Industry). information, accompanied by the copy of the papers, the document that proves the change (if any).

3. In the time of 07 (seven) working days since the date of receiving full notice, the accuracy of the trader, organized by regulation at paragraph 2 This, the Ministry of Commerce conducts review of the confirmation or does not confirm the revised information, supplements and responses. Back to the trader, the organization through the access to the system was granted; the unconfirmed case must specify a reason.

What? 19. Abort, terminate registration

1. The Ministry of Labor terminated registration for merchants, which evaluated the e-commerce website credit rating in the following cases:

a) At the request of the merchant, the organization;

b) The organization, the organization that stops working on the credit assessment of the e-commerce website;

c) The trader, the e-commerce website credit rating does not carry out the prescribed obligation at paragraph 4 Article 61 The number of digital decree 52 /2013/ND-CP and continue to resin after being reminded;

d) The trader, organization assessment of the electronic commerce website canceled under the prescribed registration in paragraph 2 Article 61 The number of digital decree 52 /2013/NĐ-CP.

2. Workers, organizations that evaluate the e-commerce website at the end of the operation must notify the Ministry of Commerce before 15 (fifteen) days of work to end the registration. This announcement is made online via a system access account that has been issued when conducting registration or by text sent directly or via the Post Office on the Ministry of Commerce (Electronic Commerce and Information Technology).

3. When the termination or cancellation of the registration, the Ministry of Commerce will withdraw the trader, the organization from the list of merchants, the organization that evaluated the registered e-commerce website, while deleting the credit symbol of the trader, that organization together. This list of websites is listed on the Internet Business Activity Portal.

What? 20. The trader ' s reporting obligations, the organization reviews the e-commerce website.

1. Before May 5, the trader, the organization had to update on the Internet Business Activity Management Portal List of e-commerce websites that was attached to the credit symbol to the end of the month before.

2. Prior to January 15, the trader, the e-commerce website credit rating must report the results of the previous year 's credit assessment operation with the Ministry of Commerce using the online method through the trader' s account, according to the report. organized at the Electronic Business Administration Information Portal.

3. To serve the inspection of the inspector, check out of the state governing body or clarify the reflection information of the organization, the individual by the regulation at Article 24 of this, the trader, the organization assessment of the e-commerce website charged with reporting, Provide information about the websites that they have to do with the credit symbol when asked by the Ministry of Commerce.

Chapter IV

PUBLISH INFORMATION ON THE PORTAL ELECTRONIC COMMERCE MANAGEMENT

What? 21. The site of the list of e-commerce websites has carried out its notification and registration procedure.

1. Shortly after the e-commerce website completed the procedure to announce or register under the regulations at this Notice and received the confirmation of the Ministry of Commerce, the information on the website would be included on the list of registered e-commerce websites. register for public publication on the Electronic Business Activity Portal Information Portal.

2. The publication information includes regulatory information at paragraph 2 Article 65 Protocol No. 2. 52 /2013/NĐ-CP.

3. When a website provides an terminated or unregistered e-commerce service, information about the website will be withdrawn from this list and move to the website mode that terminated the registration or transfer to the list of websites that violate the law. I mean, according to the regulations at Article 23 of this.

What? 22. announced a list of traders, the assessment of the e-commerce website that carried out the post-listing procedure. What?

1. Shortly after the trader, the organization that evaluated the e-commerce website that completed the registration procedure in accordance with the regulations at this Notice and received the confirmation of the Ministry of Commerce, information on the trader, the organization would be included in the list. book of traders, the assessment of the registered e-commerce website for public publication on the Electronic Business Activity Portal.

2. The publication information includes regulatory information at paragraph 2 Article 66 of the number Protocol. 52 /2013/NĐ-CP.

3. When an end or cancellation of the registration, information on the trader, the organization assessment of the e-commerce website will be withdrawn from this list and move to the regime that has terminated registration or transfer to the list of merchants, the organization of scale violation. The law.

What? 23. Annuate list of e-commerce websites violation of qu y Fuck. Shit. The law.

1. Ministry of Public Trade published on the Portal Information Management Portal e-Commerce website List of e-commerce sites violation by regulations at Article 4 Digital decree 52 /2013/ND-CP And regulations on the processing of administrative violations in e-commerce.

2. Public information includes:

a)

b) The name and information of the trader, the organization that owns the website;

c) The violation of the trader, the organization, the individual.

What? 24. Take on the reflection information and publish the websit list e Electronic commerce is reflected on signs of violation of the law.

1. The Ministry of Industry receives a reflection of the organization, personally on the following acts on the e-commerce website:

a) Violation of the regulations on notifications and registration of e-commerce website;

b) Violation of the regulations on contract communication in electronic commerce at the Digital Protocol. 52 /2013/NĐ-CP;

c) Violation of the regulations on the responsibility of the person who owns the sales electronic commerce website or the provider of e-commerce services at the Digital Protocol. 52 /2013/NĐ-CP;

d) Violation of the regulations on the protection of personal information and payment of payment in e-commerce at the Digital Protocol. 52 /2013/NĐ-CP;

Other violations specified in Article 4 of the digital decree 52 /2013/NĐ-CP.

2. Organization, individuals who perform online reflection on the Electronic Business Activity Portal at www.online.gov.vn address. When performing a reflection, the organization, the individual must provide the following minimum information:

a) They name, the number of the people's letters, the residence, the telephone number, and the email address of the reflection;

b) The website of the e-commerce website where the behavior is reflected;

c) Behavior is reflected;

d) Summary reflection;

Documents, evidence of violation of violation (if any).

3. During the time of the 05 (year) day of work, organization, the individual who carried out the response to the Ministry of Commerce's response to the email address provided one of the following content:

-Confirm the full, valid reflection information and be charged in the number of regulations specified at the point of a paragraph 4 This;

-Notification of information that is not valid or requires additional information.

4. The publication of the reflection information on a website of e-commerce on the Electronic Business Activity Management Portal is carried out as follows:

a) The e-commerce website has over 05 (the year) a reflection from organizations, individuals who differ on one or more of the behaviors stated at the paragraph 1 This will receive the Ministry of Commerce's announcement requesting the presentation of the above-spoken comments.

b) After a period of 10 (ten) days of work since the date of receiving the Ministry of Commerce ' s request, if traders, organizations, individuals who own the e-commerce website do not respond or do not solve the comments reflected, the site will be rejected. to the list of e-commerce websites that are reflected on whether there are signs of violation of the law and may be treated with administrative violations by the rule of law.

Chapter IV

EXECUTION CLAUSE

What? 25.

1. Secretary of the Department of Commerce of the Department of Commerce Electronics and Information Technology performs notification procedures, registration of e-commerce websites, registration activities that evaluate e-commerce websites and publish information on the Portal Information Portal. Management of electronic commerce in accordance with these regulations.

2. The relevant Ministry of Trade in the Ministry of Trade is responsible for coordinating the management of the state management in accordance with the jurisdiction of electronic commerce under jurisdiction.

3. The Department of Public Affairs, the central city within the functional range, its powers in coordination with the Bureau of Electronic Commerce and Information Technology in the appraisal, verification of notification information, registration; tracking, update, and public information. The information on the Gateway Business Administration portal.

What? 26.

1. This message has been in effect since 1 July 2013.

2. This information replaces the Digital 46 /2010/TT-BCT December 31, 2010 of the Ministry of Commerce regulations on the operational management of e-commerce websites that sell goods or services to the service.

3. The traders, the organization registered to provide the electronic trade floor service by regulation at the International Digital Information Service. 46 /2010/TT-BCT must proceed with the addition of registration records to comply with the regulations at this Smart in the 90 (ninety) days from the date of the effective date.

4. In the course of this practice, if there is an entangrium, traders or organizations, the individual is in time to reflect on the Ministry of Commerce for review, handling ./.

KT. MINISTER.
Chief.

(signed)

Chen Tuấn Anh