Legal basis

• Law on Electronic Transactions 2005
• Decree 52/2013/ND-CP
• Circular 47/2014/TT-BCT on management of e-commerce websites issued by the Minister of Industry and Trade
• Decree 85/2021/ND-CP amending Decree 52/2013/ND-CP on e-commerce

Content

E-commerce trading floor is an e-commerce website permitting traders, organizations and individuals that are not the website owner to conduct part or the whole of the process of buying and selling goods or services on that website. E-commerce trading floor referred to in this Decree does not include online securities trading websites

Traders or organizations that provide e-commerce trading floor services are traders or organizations setting up e-commerce websites for other traders or organizations to conduct a part or the whole of the process of sale and purchase of goods and services on these websites.

Forms of operation of e-commerce trading floor:

a/ Website allows participants to open booths for display and introduction of goods or services;

b/ Website allows participants to set up branch websites for displaying and introducing goods or services;

c/ Website has a sale and purchase section permitting participants to post news of sale and purchase of goods or services;

d/ Other types of website stipulated by the Ministry of Industry and Trade.

Responsibilities of traders and organizations providing e-commerce trading floor services

(as specified in Article 36 of Decree 52/2013, Clause 16, Article 1 of Decree 85/2021/ND-CP)

1. Apply for establishment of a website providing e-commerce trading floor services as prescribed in Section 2 Chapter IV of this Decree and publish information about the website owner as prescribed in Article 29 of this Decree on the website’s homepage.

2. To develop and publish on the website regulations on operation of the e-commerce trading floor under Article 38 of this Decree; monitor the e-commerce trading floor and ensure the implementation of these regulations.

3. Request sellers on the e-commerce trading floor to provide information as prescribed in Article 29 of this Decree when they apply for use of services. Foreign sellers must transcribe specific names into Vietnamese or Latin characters.

4. To apply a mechanism of examination and monitoring to ensure the seller’s information provided on the e-commerce trading floor is correct and adequate.

5. To store the registration information of traders, organizations or individuals participating in the e-commerce trading floor and regularly update relevant changed or supplemented information.

6. To establish a mechanism to permit traders, organizations or individuals participating in the e-commerce trading floor to perform the process of conclusion of contract as specified in Section 2, Chapter II of this Decree if the website has the online ordering function.

7. To apply necessary measures to ensure the safety of information relating to business secrets of traders, organizations or individuals and consumers’ personal information.

8. Take timely remedial actions when detecting or receiving reports about any business acts in violation of laws on the e-commerce trading floor. To be specific:

a) Prevent and remove from the website information on goods/services included in the list of banned goods and services or the list of banned business lines as prescribed by law;

b) Remove information on goods/services in violation of laws within 24 hours from the receipt of the request from a competent authority;

c) Cooperate with holders of intellectual property rights to review and remove products infringing intellectual property rights according to procedures announced in Regulations on operation of the e-commerce trading floor;

d) Give warnings or refuse to provide services for a fixed or indefinite term to individuals, traders or organizations that violate the laws;

dd) Take other measures as specified in Regulations on operation of the e-commerce trading floor.

9. Assist state agencies in carrying out investigations and taking actions against business acts in violation of laws and settling disputes and complaints. To be specific:

a) Provide information about entities showing signs or acts in violation of laws on the e-commerce trading floor to competent authorities when detecting or receiving such information;

b) Frequently update keywords as recommended by competent authorities and filter information on goods/services using such keywords before publishing it on the website;

c) Receive and respond to complaints, feedbacks and disputes about the e-commerce trading floor on the E-Commerce Management Portal of the Ministry of Industry and Trade at online.gov.vn.

10. To publicly announce the mechanism to settle disputes arising during transactions on the e-commerce trading floor. When customers on the e-commerce trading floor have conflicts with the sellers or their lawful interests are damaged, to provide customers with information about the sellers and actively assist customers in protecting their rights and legitimate interests.

Above is our consultancy about this issue. If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nguyen Duc Trong via hotline: 0912.35.65.75, 0912.35.53.53 or call the free legal consultation hotline 1900.6575 or send a service request via email: info@hongbanglawfirm.com hoặc lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!