Regulatory CIRCULARS on the management activities of the e-commerce website selling goods or services _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to Decree No. 56/2006/ND-CP dated 9 June 2006, the Government's electronic commerce;
Pursuant to Decree No. 97/2008/ND-CP on August 28, 2008 by the Government on the management, supply, use of Internet services and electronic information on the Internet;
Pursuant to decision No. 1073/QD-TTg dated 12 July 2010 the Prime Minister's approval of the master plan of development of e-commerce from the period of 2011-2015;
Ministry of industry and trade management rules on the operation of the e-commerce website selling of goods or the provision of services as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular rules of governance for the operation of the e-commerce website by traders, held on the territory of Vietnam set to sell goods or provide services.
2. The trading of commodities, limited service business or goods, business services is conditional on your e-commerce website subject to the terms of the legal provisions concerning goods, services.
3. This circular is applicable to: a) traders, organizations set up e-commerce website to sell goods or services of the main traders, that organization;
b) traders, organizations providing services e-commerce transaction;
c) traders, organizations, individuals involved in the sale of goods or the provision of services on e-commerce trading.
Article 2. Explanation of terms 1. E-commerce website is an electronic information site serving commercial activities and activities related to trade.
2. electronic trading trading is your e-commerce website allows the traders, the Organization, the individual is not the owner or the website manager can proceed with the sale of goods or the provision of services on it.
Article 3. Common rules for the operation of the e-commerce website 1. Active trades, buy and sell on your e-commerce website must comply with the provisions of the Decree No. 56/2006/ND-CP dated 9 June 2006 from the Government about electronic commerce, circular 09/2008/TT-BCT on July 21, 2008 of Ministry of industry and trade provides information and contracts on e-commerce website regulations of the relevant legislation and the provisions of this circular.
2. Only registered traders, business organizations, established under the provisions of the new law be set up e-commerce website. Information about the business registration certificate of the trader or the establishment of the Organization must be clearly announced on the home page of the website.
3. Traders, organizations providing services e-commerce transactions to be registered under the provisions of chapter II of this circular.
Article 4. The prohibited acts 1. E-commerce website to conduct business activity without registration under the provisions of the law.
2. Provide information about counterfeit business registration or identity on your e-commerce website.
3. Attach fake registration icon on the trading floor of trade electronics.
4. Implementation of the fraudulent behavior of clients on e-commerce website.
5. Disclose trade secrets of traders, individuals involved in the sale of goods or the provision of services on e-commerce trading.
6. Theft or unauthorised use of passwords, encryption key and private information of the traders, organizations, personal transactions on e-commerce website.
7. other prohibited acts under the provisions of the law on trade and the Internet.
Chapter II REGISTRATION of the TRADING SERVICE PROVIDER, ECOMMERCE article 5. Object registration and approvals 1. The object of registration of traders, organizations are established and operate in accordance with the law of Vietnam; have business activities or functions, the mission suitability; the domain name is valid; committed to compliance with the provisions of this circular, the Decree No. 56/2006/ND-CP, Decree No. 97/2008/ND-CP, circular No. 09/2008/TT-BCT of the Ministry of industry and trade and the legal provisions concerned.
2. a registration record) application service providers electronic commerce transactions (according to the model in annex 1 attached to this circular);
b) copies are attested to form (for organization), business registration certificate, certificate of investment or investment licenses (for traders);
c) active management regulation of e-commerce transactions in compliance with the provisions of this circular, the Decree No. 56/2006/ND-CP, Decree No. 97/2008/ND-CP, circular No. 09/2008/TT-BCT of the Ministry of industry and trade and the legal provisions involved;
d) Model service contract or agreement between traders, organizations providing services e-commerce trading with traders, organizations, individuals involved in selling goods and services on e-commerce trading.
Article 6. Receiving registration documents 1. The reception, registration processing provides trading services to e-commerce are Industry done online at the website of the Electronic Industry. 2. For the record, traders, organized access to the registration system of electronic commercial transactions in the page of electronic information Industry at the address www.moit.gov.vn. After you fill out the information required by the system, merchants, the Organization undertook to send online registration profile as specified in clause 2 5 of this circular for the Industry. 3. Upon receipt of the registration records, the Ministry of industry and trade to conduct check record and inform traders, organizations send out 3 days work in one of the following: a) confirm a valid, full profile;
b) suggest additions prescribed in clause 2 article 5;
c) refused to confirm the registration if the trader, the organization does not meet the provisions of article 5 paragraph 1.
4. After receiving the confirmation message and full profile, traders, institutions are responsible for sending about Industry registration documents (a paper) as specified in clause 2 5 of this circular.
Traders, organizations can track the processing status of electronic mail records or account access system was provided to conduct update and edit the information as required.
Article 7. Confirm registration 1. Registration confirmation time: 5 working days from the date of the application by paper traders, the Organization posted on Industry prescribed in paragraph 4 to article 6 of this circular.
2. As soon as confirmation of registration, e-commerce transactions will be mounted up subscription icon home page. When you select this icon, the user is led to the trader's registration information, organizations providing services e-commerce trading in the electronic information Industry. Article 8. Provides information about the e-commerce transaction was registered 1. Provides information e-commerce trading was registered will be publicized on the website of the Electronic Industry. The information publicized on the trading floor of trade electronics already registered include: registered Name and trading name of the trader , organization; Head Office address; Phone, electronic mail address; The domain address of e-commerce transactions; Areas of business.
2. Updated information in the event of a change of information relating to e-commerce transactions have been registered as prescribed in paragraph 1 of this article, traders, institutions providing services e-commerce trading floor are informed about Industry working on 5th round since a change of information.
Traders, the Organization made the announcement by text or use the account access system was provided when conducting registration to send notifications.
Article 9. Cancellation, termination of registration 1. The case of detected violations of the registration process or in the operation of e-commerce trading, Industry will cancel registration for traders, organizations providing services e-commerce transaction;
2. electronic trading trading floor when decommissioning must notify Industry before 10 working days to terminate the registration;
3. When the cancellation or termination of the registration of a trade-electronic trading floor, the Industry will meet the registration icon at that website, and remove the path from your ecommerce website to your electronic information Page Industry. List of e-commerce transaction is cancelled or terminated registered will be publicized on the information page of the Electronic Industry. Chapter III LIABILITY of the trader, the ORGANIZATION PROVIDES TRADING SERVICES to E-COMMERCE and TRADERS, organizations, INDIVIDUALS INVOLVED in the SALE of goods, PROVISION of SERVICES on the TRADING FLOOR of TRADE Electronics 10. The responsibility of the trader, the organization provides trading services to e-commerce 1. Subscription service providing electronic commercial transactions as defined in chapter II of this circular.
2. develop and promulgate regulations for electronic commerce transactions. The main content of the regulation include: principles, process transactions, secure transactions, protect the rights of consumers, manage bad information, limitation of liability in the case of technical error arises of trading floor. This regulation must show on the website home page and allows participants can read and store in a convenient way, complete.
3. Verification and authentication of business registration information (for traders) or identity (for individuals) involved the sale of goods or the provision of services on e-commerce trading.
4. Establish mechanisms to allow traders, organizations, individuals involved in the trading of electronic trade execution is the process of concluding the contract as defined in the circular 2008/TT-BCT on providing information and contracts on e-commerce website.

5. Keep the trader's registration information or private information of individuals right from the day trader or individual registered to participate in e-commerce transactions and to regularly update the information changed, additional relevant.
6. Apply the necessary measures to ensure the security of information relating to the merchant's business secrets and personal information. Not disclose, transfer, rent or sell information concerning trade secrets or personal information of consumers without the consent of the parties concerned, unless otherwise specified by law.
7. Actively support State Management Agency investigate business practices violate the law; provide documents such as registration information, transaction data, history, ... of the object to be violations of the law on electronic commerce.
8. Publicity mechanism for resolving disputes arising in the course of transactions on e-commerce trading. When consumers buy goods or services arising contradictions with the seller or compromised legitimate interests, traders, hosted e-commerce floor operators must give consumers the seller's registration information, actively supports the protection of consumer rights and legitimate interests of ourselves.
9. Before 15 January each year, the Industry report statistical data on the situation of goods and services traded on the electronic trading platform of the previous year (according to the model specified in annex No. 2 attached to this circular).
Article 11. The responsibility of traders, organizations, individuals selling goods or providing services on electronic commercial transactions 1. Ensure the accuracy and honesty of information about goods and services offered for sale on the e-commerce trading.
2. In compliance with the provisions of the Decree No. 56/2006/ND-CP dated 9 June 2006 from the Government about electronic commerce, circular 09/2008/TT-BCT on July 21, 2008 of Ministry of industry and trade provides information and contracts on e-commerce website and the provisions of this circular.
3. Compliance with the provisions of the relevant laws on advertising, payment, promotions.
Article 12. Vicarious responsibility between traders, the organization provides trading services to e-commerce and traders, organizations, individuals involved in the sale of goods or the provision of services on level 1. Service contract or agreement between traders, organizations, individuals selling goods and services on e-commerce and floor traders, organizations providing services e-commerce trading should specify the responsibilities of each party in the provision of information and contracts as specified in circular No. 09/2008/TT-BCT on July 21, 2008 and the legal texts concerned.
2. If the contract or service agreement between traders, organizations, individuals selling goods and services on e-commerce and floor traders, organizations providing services e-commerce trading platform does not specify the responsibilities of each party, the traders, the organization provides transaction services, eCommerce is responsible in case of the sale of goods or the provision of services on the floor breaking the rules in circular No. 09/2008/TT-BCT on July 21, 2008 and the legal texts concerned.
Chapter IV IMPLEMENTATION article 13. Terms of implementation of this circular are effective from January 1st, 2011.
For the e-commerce website was established and in operation before the date this circular effect must then proceed to register under the provisions of this circular in time of 90 days from the date of this circular effect.
Article 14. Organizing Industry Affairs Department of e-commerce and information technology to conduct the registration confirmation e-commerce trading platform under the provisions of this circular.
In the process of implementation of this circular, if there arise problems, traders or individual organizations concerned timely reflection on the Industry to consider, handle./.