Regulations on the Operation of Electronic Contract Authentication Service Provision: What Contents Are Included?
What are the contents of the operational regulations for providing electronic contract authentication services?
According to Article 20a of Circular 47/2014/TT-BCT, supplemented by Clause 4, Article 1 of Circular 01/2022/TT-BCT, operational regulations for providing electronic contract authentication services are as follows:
Operational regulations for providing electronic contract authentication services
1. The operational regulations for providing electronic contract authentication services must be publicly disclosed on the homepage of the website and include the following contents:
a) Rights and obligations of merchants and organizations providing the services;
b) Rights and obligations of service users;
c) Description of the methods and processes for performing electronic contract authentication;
d) Limitations of liability of merchants and organizations providing electronic contract authentication services;
e) Regulations on information security and information management in the activity of providing electronic contract authentication services;
f) Mechanism for resolving complaints and disputes between parties related to the activity of providing electronic contract authentication services;
g) Measures to handle violations for those who do not comply with the operational regulations.
2. When there are changes to any of the contents mentioned in Clause 1 of this Article, merchants and organizations providing electronic contract authentication services must notify all service users at least 05 days before applying the changes.
Thus, the operational regulations for providing electronic contract authentication services include the following 07 contents:
(1) Rights and obligations of merchants and organizations providing the services;
(2) Rights and obligations of service users;
(3) Description of the methods and processes for performing electronic contract authentication;
(4) Limitations of liability of merchants and organizations providing electronic contract authentication services;
(5) Regulations on information security and information management in the activity of providing electronic contract authentication services;
(6) Mechanism for resolving complaints and disputes between parties related to the activity of providing electronic contract authentication services;
(7) Measures to handle violations for those who do not comply with the operational regulations.
What are the contents of the operational regulations for providing electronic contract authentication services?
What documents are included in the registration dossier for a website providing e-commerce services?
According to Article 14 of Circular 47/2014/TT-BCT, revised by Article 11 of Circular 04/2016/TT-BCT, the registration dossier for a website providing e-commerce services includes the following documents:
- Application form for registering a website providing e-commerce services.
- A copy extracted from the original book, a certified true copy, or a copy presented together with the original for comparison.
Individuals and organizations directly performing administrative procedures at agencies or organizations have the right to choose to submit one of the three forms of copies mentioned above.
- Service provision scheme:
+ Description of the organizational and operational model, including service provision activities and promotion and marketing activities both online and offline;
+ Structure, features, and main information categories on the website providing the services;
+ Definition of rights and responsibilities between merchants and organizations providing e-commerce services and service users.
- Management regulations of the website providing e-commerce services, including the following contents:
+ Contents stipulated in Article 38 of Decree 52/2013/ND-CP;
+ Mechanism and time limit for handling complaints about illegal business activities on the website providing e-commerce services.
- Sample service contract or cooperation agreement between merchants and organizations owning the website providing e-commerce services and merchants, organizations, and individuals participating in trading goods and providing services on the website.
- General transaction conditions applicable to the activities of trading goods and providing services on the website (if any).
When are merchants and organizations canceled from website registration for providing e-commerce services?
According to Article 18 of Circular 47/2014/TT-BCT, revised by Clause 4, Article 1 of Circular 21/2018/TT-BCT, merchants and organizations are canceled from website registration for providing e-commerce services when:
- Engaging in prohibited activities in e-commerce activities as stipulated in Article 4 of Decree 52/2013/ND-CP;
- Failing to fulfill reporting obligations as stipulated in Article 57 of Decree 52/2013/ND-CP and continuing to commit offenses after being reminded;
- Being suspended from e-commerce activities according to decisions on handling violations by competent state agencies;
- Failing to fulfill responsibilities as stipulated in Article 4 of Circular 47/2014/TT-BCT and continuing to commit offenses after being reminded.
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