They are those serving part or whole of the following activities is
including purchasing and selling of goods or provision of services; from
display and introduction of goods or services to contract commitment
and 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 as prescribed by the law.
When to register and when to notify e-commerce websites?
E-commerce website notification according to clause 8, Article 3, Decree No 52/2013/ND-CP:
If traders, organizations and individuals merely provide information
on their commercial promotion activities, sales of goods or provision of
services of websites they own, they must notify the Ministry of
Industry and Trade. For 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.
E-commerce website registration according to clause 1, Article 25 and Article 27 of Decree No 52/2013/ND-CP:
Websites built for one of the three following activities must be
registered with the MoIT. They include e-commerce trading floor on which
other traders, organisations or individuals are permitted to conduct a
portion or the whole process of sale and purchase of goods and services
on these websites; promotional activities for the goods and services of
other traders, organizations or individuals and online auction websites
on which traders, organisations or individuals are allowed to organize
the auction of their goods.
For example: Tiki, Sendo, and Hotdeal websites are e-commerce
transaction floors that enable traders, organisations 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, according to Article 36, Article 41 and Article 46 of Decree
No 52/2013/ND-CP, and Article 8 and Article 13 of Circular No
47/2014/TT-BCT.
For 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 their behalf (website owners).
Fines for failure to register/notify e-commerce websites
A fine ranging from VND10,000,000 to VND20,000,000 shall apply in
case of establishing sales e-commerce websites without informing the
Ministry of Industry and Trade.
A fine ranging from VND20,000,000 to VND30,000,000 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 six to 12 months in the event of multiple violations,
according to Clause 32, Article 1 of Decree No 124/2015/ND-CP.
Source:http://bizhub.vn