Vietnam: Fine for taking advantage of activities of assessment and authentication in e-commerce for illegal profits

Specifically, according to Clause 36 Article 1 of Decree No. 124/2015/NĐ-CP of Vietnam’s Government amending Article 85 of Decree No. 185/2013/NĐ-CP, a fine from VND 40,000,000 –50,000,000 for “taking advantage of activities of assessment, supervision and authentication in e-commerce for illegal profits”. Concurrently, the violating individual/organization shall be applied additional penalties and remedial measures as follows: Strip licenses for activities of assessment and certification of policies on protection of personal information, licenses for electronic contract authentication in e-commerce from six to 12 months; Suspend activities of credit rating for e-commerce websites or mobile apps from six to 12 months; Force re-payment of illegal profits made by violations.

This fine shall also apply for the act “Continue operation even though registration for activities of assessment, supervision and authentication is postponed or terminated, or the license thereto is terminated or revoked”.

Besides, Decree No. 124/2015/NĐ-CP also stipulates a fine from VND 30,000,000 –40,000,000 for one of the following acts:

a) Supply services of assessment, supervision and authentication without permission as prescribed;

b) Falsify information to apply for licenses for assessment, supervision and authentication of e-commerce;

c) Fail to cooperate with state administration agencies in conducting inspection, investigation and handling of e-commerce websites or mobile apps attached with credit symbol but showing signs of violations;

d) Fail to cooperate with state administration agencies in conducting inspection, investigation and handling of dealers, organizations with policies on protection of personal information certified but showing signs of violations;

dd) Fail to provide documents and assist state administration agencies in carrying out inspection of violations concerning electronic documentary evidence stored and authenticated by its own.

View relevant provisions at Decree No. 124/2015/NĐ-CP of Vietnam’s Government, effective from January 05, 2016.

Thu Ba

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