Penalties for violations against regulations on rating, supervision and certification in e-commerce in Vietnam

According to Article 66 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, penalties for violations against regulations on rating, supervision and certification in e-commerce are as follows:

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for committing one of the following violations:

- Failing to publish procedures and criteria for rating, supervision and certification on the e-commerce website or mobile application;

- Failing to provide additional documents for registration of provision of rating, supervision and certification services on e-commerce websites or mobile applications;

- Failing to update and publish the list of e-commerce websites or mobile applications which have been rated, supervised and certified as prescribed.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for committing one of the following violations:

- Failing to comply with the published procedures and criteria for rating, supervision and certification;

- Failing to supervise operations of the rated, supervised and certified e-commerce websites or mobile applications.

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for committing one of the following violations:

- Providing rating, supervision and certification services in e-commerce against the registration dossier or the license issued;

- Failing to comply with regulations on statistics and reporting.

4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for committing one of the following violations:

- Providing rating, supervision and certification services in e-commerce before obtaining certification of registration dossier or license as prescribed;

- Cheating or forcing information when registering or applying for license for provision of rating, supervision and certification services in e-commerce;

- Failing to cooperate with competent authorities in conducting inspection and handling e-commerce websites or mobile applications which bear rating symbols but denote signs of violation;

- Failing to cooperate with competent authorities in conducting inspection and taking actions against traders or organizations that have personal information protection policies certified but denote signs of violation;

- Failing to provide documents and assistance to competent authorities in investigating violations involving stored and certified electronic documents.

5. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for committing one of the following violations:

- Taking advantage of rating, supervision and certification services in e-commerce for obtaining illegal profit;

- Continuing operations after termination of operations, deregistration or revocation of license for provision of rating, supervision and certification services in e-commerce.

Moreover, the violating entity shall also have the license for provision of rating and certification of personal information protection policies, license for certification of electronic contracts in e-commerce suspended for a fixed period of 06 – 12 months; the provision of rating service of e-commerce websites or mobile applications suspended for a fixed period of 06 – 12 months.

The violating entity is compelled to return any benefits illegally obtained from the commission of one of the violations in Clause 5 of this Article.

View more details at the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, issued on August 24, 2020.

Le Vy

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