Vietnam: Failing to publish operation rules on the e-commerce service provision website shall be fined VND 20 million

According to Article 64 of the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, penalties for violations against regulations on provision of e-commerce services are specified as follows:

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 ensure safety of personal information of consumers and information relating to business secrets of traders and other entities conducting transactions on the e-commerce service provision website or mobile service application;

- Failing to publish operation rules or publishing operation rules which are different from the information provided in the application for registration of the e-commerce service provision website or mobile service application certified by competent authorities;

- Failing to notify service users before applying changes in operation rules of the e-commerce service provision website or mobile service application;

- Failing to have mechanisms for inspection to ensure the provision of accurate and adequate information of sellers on the e-commerce website or mobile application;

- Establishing the e-commerce service provision website or mobile service application or another online service provision website without providing online tools to customers for sending request for contract termination when they do no longer want to use services;

- Unilaterally terminating contracts or suspending provision of services on the e-commerce service provision website or mobile service application or another online service provision website without adopting mechanisms for notifying that termination or suspension to service users or without plausible reasons.

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

- Failing to request traders and other entities that are sellers on the e-commerce service provision website or mobile service application to provide information as prescribed;

- Failing to store registration information of traders and other entities participating in the e-commerce service provision website or mobile service application;

- Establishing an online auction website or mobile service application without providing sellers with tools for publicly, adequately and accurately notifying and posting necessary information concerning goods put at auction, including images of goods and accompanied documents;

- Establishing the online auction website or mobile service application whose technical systems serving the online auction fail to comply with regulations of law;

- Failing to adopt measures for preventing and removing information on the sale of goods or services which are included in the list of prohibited goods and services and restricted goods from the e-commerce website or mobile application.

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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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