When e-commerce is developing rapidly, in order to satisfy the management demand, Ministry of Industry and Trade promulgated Circular No.47/2014/TT-BCT (Circular No.47). This Circular supplemented and replaced some provisions of Circular No.12/2013/TT/BCT (Circular No.12); and guided Decree No.52/2013/NĐ-CP, which was promulgated by the Government in 16th May, 2013.
Circular No.47 will come into force in 1st January, 2015 and replace Circular No.12/2013/TT-BCT stipulating on procedures for notifying, registering and publicizing information related to e-commerce websites.
New features of Circular No.47
- The issue of managing business activities in e-commerce website
a. Clarify management responsibilities of specialized websites
For purpose of preventing the overlapping in management and reducing administrative procedures for enterprises, Circular No.47 regulates specifically on excluding responsibility of notifying and registering for e-commerce website of some specialized areas. “Do not apply with websites which operate in the field of finance, bank, credit, insurance; websites which do business or trade in cash, gold, foreign exchange and others payment facilities. These websites are under the adjustment of appropriate legal specialized management”.
b. Business activities of commodities or services which trading restricted or trading under conditions in e-commerce websites
Circular No.47 regulates “Trader who create website to sell commodity, service that in the list of trading restriction or trading under conditions, must publicize the number, date of issue, place of issue of certificate of satisfaction on business conditions for that commodity or service on the website”.
Traders, organizations, individuals are not allowed to use e-commerce website to trade the restricted trading commodities as follow: shotgun and bullet of shotgun, sporting weapon, supporting tool; rare wild plant and animal, including both alive creatures and their parts which were treated; cigarettes, cigars and other finished tobacco products; kinds of alcohol; other trading restricted commodities as regulating by legislation.
c. Liability of traders and organizations providing e-commerce services
Circular No.47 supplements provisions regulating on the liability of traders, organizations, individuals owing websites that providing e-commerce services. These owners have to take liability of information publicizing on their websites by automatic filtering information mechanism or by specific technical measures for publicizing information not in accordance with legislation. To specify, owner of e-marketplace must have the responsibility to:
Prevent and eliminate from websites the information of selling commodities, services that are prohibited to trade according to the legislation or are restricted to trade according to Article 1, Section 3 of this Circular.
Eliminate from websites the information of selling fake, artificial, illegally imported, infringed intellectual property rights commodities, and other infringed commodities and services, immediately after finding out or receive verified denounce.
Requires the sellers that trade commodities or services trading under conditions on their websites, must provide Certificate of satisfaction on business conditions for that commodities or services (in case legislation regulates that Certificate of satisfaction on business conditions is needed).
d. Managing the business activities in social networks
Circular No.47 regulates specifically on managing the business activities in social network, as follows:
The social network that have one of the operation forms, such as allowing attendances to open stalls in there to show, introduce commodities, services; allowing attendances to create sub-sites to show, introduce commodities, services, or websites having selling categories that allowing attendances to post information of trading commodities, services, must register with Ministry of Industry and Trade, under the form of e-marketplace.
Traders, organizations that create social networks, must carry out the duties of traders and organizations that provide e-marketplace service, as regulated by legislation.
Sellers in social networks must obey the regulation of Decree 52/2013/ND-CP, Article 37.
e. The new models of the online promotion website
Circular No.47 supplements new forms of online promotion website, as following: website run the promotion for commodities of other traders, organizations, individuals following provisions of Contract of promotion service, under the form of: presenting commodities or giving samples for consumers for free; selling commodities with lower price than the price before, are allowed to apply in a particular period of time, or with a particular number of consumers; other forms according to regulations of legislation of promotion.
- More over, Circular No.47 also has new regulations on procedures on notifying, registering e-commerce websites and registering the activity of giving e-commerce website rating credit, as follows:
+ Regulating on duration of feedback information of traders, organizations, individuals after receiving the notice requesting supplementing information.
+ Regulating on the verification of notifying e-commerce websites that sell commodities, services, and the issuing of icon to confirm the notifying.
+ Regulating on updating information that notify selling e-commerce websites.
+ Regulating on the object and sphere of registering the activity of giving e-commerce website rating credit.