Nowadays, the use of websites to advertise or provide goods/services is common in the 4.0 technology era. However, not everyone knows or enforces the laws relating to the use of websites. This problem is further complicated in the e-commerce website which is classified into two categories: E-commerce website for sales activity and Website providing e-commerce service, with different legal procedures for application. Therefore, in the following paragraphs, Bizlawyer & Partners will help you to have a better understanding of the distinction between these two categories of e-commerce website

Legal grounds

• Decree No. 52/2013/ND-CP on E-commerce; and
• Circular No. 47/2014/TT-BCT on the management of e-commerce websites.

1. The distinction

An e-commerce website for sales activity is an e-commerce website established by traders, organizations or individuals (owners of the website) to serve their own commercial promotion, sales, and services provision.

A website providing e-commerce service is an e-commerce website established by traders, organizations (owners of the website) to provide an environment where other traders, organizations, and individuals conduct their commercial activities

2. Procedures

2.1. Notification of establishment of an e-commerce website for sales activity

• Person in charge of delivering the notification: Owner of the website
• Required information for notification:

– The domain name of the e-commerce website;

– Types of goods or services are introduced on the website;

– Registered name of the trader or organization, or name of the individual owning the website;

– Address of the office of the trader or organization, or the address of permanent residence of the individual owning the website;

– Number, date and place of granting of the BusinessRegistration Certificate of the trader; number, date and granting authority of the establishment decision of the organization; or personal tax identification number of the individual;

– Name, title, identity card number, telephone number and e-mail address of the representative of the trader, and person responsible for the e-commerce website; and

– Other information as prescribed by Ministry of Industry and Trade.

• Time-limit for processing: Within 07 working days after receiving valid and complete applications
• Licensing authority: Vietnam E-Commerce and Digitial Economy Agency of Ministry of Industry and Trading
• Results: When confirming the notification, Ministry of Industry and Trade shall send the owner of the website, via the registered e-mail, a code attached to the website, showing a sign as “notified”.

2.2. Registration of establishment of a website providing e-commerce service

• Person in charge of website registration: Owner of the website
• Applications for the website registration include:

– A registration application for setting up the website;

– A copy of the decision on establishment (for organizations); a copy of the Business Registration Certificate, or a copy of the Investment Certificate or the Investment License (for traders)

– A service provision plan as prescribed under relevant laws;

– Regulation on operation management of the website;

– Method and time limit for handing when receiving any reflection of violations on the website;

– Model service provision contract and general transaction conditions, if any; and

– Other documents as prescribed by Ministry of Industry and Trade

• Time limit for processing: Within 10 working days after receiving valid and complete applications
• Licensing authority: Vietnam E-Commerce and Digitial Economy Agency of Ministry of Industry and Trading
• Results: When confirming the notification, Ministry of Industry and Trade shall send the owner of the website, via the registered e-mail, a code attached to the website, showing a sign as “registered”

Conclusion

We hope that the information on this article is useful to you. If you still have any question about the distinction between an e-commerce website for sales activity and a website providing e-commerce service, please contact us via our email: Info@bizlawyer.vn or Hotline Call: (+84)86.888.1900 for timely advice and support.