Is your website an e-commerce website?

E-commerce websites are websites that serve a portion or the whole process of the following activities:

• purchasing and selling of goods or provision of services;

• from display and introduction of goods or services to contract commitment;

• service provision, payment, and after-sales service.

Therefore, almost all websites that sell and introduce goods and provide services on the internet are e-commerce websites, which must be registered or notified to the Ministry of Industry and Trade as prescribed by law.
According to clause 8 Article 3 Decree No. 52/2013/ND-CP

“My website is hosted in other countries. Do I have to register or notify it with the Ministry of Industry and Trade of Vietnam?”

If foreign traders and organizations having their presence in Vietnam through investment activities, branches or representative offices, they shall still have to register or notify their websites to the Ministry of Industry and Trade of Vietnam, even if the domains and hostings of those websites are abroad.
Point c, Clause 1, Article 2 of Decree No. 52/2013 / ND-CP

When to register, and When to notify e-commerce websites?

E-commerce website notification:

If traders, organizations, and individuals merely provide information on their commercial promotion activities, sales of goods, or provision of services on websites owned by themselves, they must notify the Ministry of Industry and Trade.

Example: The websites of Mobile World, CGV, and Vivavivu represent these companies in selling goods (website owners).

These websites are collectively referred to as sales e-commerce websites.

According to clause 1 Article 25 and Article 27 of Decree No. 52/2013/ND-CP

E-commerce website registration:

Websites built for one of the three following activities must be registered with the Ministry of Industry and Trade:

• E-commerce trading platform on which other traders, organizations, or individuals are permitted to conduct a portion or the whole process of sale and purchase of goods and services.

• Promotional activities for the goods and services of other traders, organizations, or individuals.

• Online auction websites on which traders, organizations, or individuals are allowed to organize the auction of their goods.

Example: Tiki, Sendo, and Hotdeal websites are e-commerce transaction platforms that enable traders, organizations and individuals, who are not website owners, to proceed to sell goods or provide services on those websites.

These websites are collectively referred to as websites providing e-commerce services.

Websites having both functions must be registered and notified to the Ministry of Industry and Trade.

Example: Lazada, Adayroi, and Robins websites are e-commerce platforms (allowing traders, organizations and individuals who are not website owners to sell on the site) that also simultaneously sell goods on behalf of themselves (website owners).

According to Article 36, Article 41, and Article 46 of Decree No. 52/2013/ND-CP

Article 8 and Article 13 of Circular No. 47/2014/TT-BCT

Fines for failure to register/notify of e-commerce websites

A fine ranging from USD435 to USD870 shall apply in case of establishing sales e-commerce websites without informing the Ministry of Industry and Trade.

A fine ranging from USD870 to USD1,305 shall apply in case of establishing websites that provide e-commerce services without registering with the Ministry of Industry and Trade.

In addition, the state agency shall impose a suspension of commercial activity from 6 to 12 months in the event of multiple violations.
According to Clause 32 Article 1 of Decree No. 124/2015/ND-CP

Registration and notification of e-commerce websites

In fact, many organizations and individuals have failed trying to register and/or notify by themselves since they were unable to identify which category their e-commerce service provision websites fall into: transaction platform, online promotion service, or online auction service.

Furthermore, lack of experience working with relevant authorities may lead to situations in which their dossiers are inaccurate, delayed, or receive no response.

When using PLF LAW FIRM’s service to register and notify of e-commerce websites, we will advise you on how to modify the interface, structure, and functions of the websites in accordance with the requirements of the Ministry of Industry and Trade.

In the event where your website needs adjusting during the submission process, PLF LAW FIRM will help you update your dossier with the Ministry of Industry and Trade without being rejected or having the submission date prolonged.

E-commerce website registration usually takes up to 2 months. However, with PLF LAW FIRM’s service, the registration can be completed within 15 days (or 3 days for the notification).