Vietnam: Summary of fines for violations against regulations on e-commerce websites

This is a notable content of the Decree No. 98/2020/NĐ-CP of Vietnam’s Government prescribing penalties for administrative violations against regulations on commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights, effective from October 15, 2020.

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According to Article 62 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, penalties for violations against regulations on e-commerce websites or e-commerce applications on mobile platforms (mobile applications) are as follows:

A fine ranging from VND 1.000.000 to VND 5.000.000 shall be imposed for committing one of the following violations:

- Failing to provide additional documents for notification of an online shopping website or a shopping application on a mobile platform (hereinafter referred to as “mobile shopping application”);

- Failing to provide additional documents for registration of an e-commerce service provision website or an e-commerce service provision application on a mobile platform (hereinafter referred to as “mobile service application”);

- Failing to notify changes in information about the online shopping website or mobile shopping application to competent authorities;

- Failing to comply with regulations on forms and specifications for publishing of information on the e-commerce service provision website or mobile service application;

- Failing to adequately and accurately publish on the online shopping website or mobile shopping application the information on the owner of such website or application, goods or services, prices, transport and delivery, contract containing general terms and conditions, and payment methods;

- Failing to carry out transfer procedures or failing to notify competent authorities when receiving transfer of online shopping website or mobile shopping app.

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

- Providing inadequate or false information when notifying competent authorities of establishment of an online shopping website or mobile shopping application;

- Publishing information on an e-commerce service provision website or mobile service application other than the one registered with competent authorities;

- Using the notified sign on the online shopping website or mobile shopping application before obtaining approval or certification of notification from a competent authority;

- Failing to provide information on business status or failing to provide explanation about the e-commerce website or application at the request of a competent authority to serve the performance of statistics on e-commerce, inspection and actions against violations against regulations on e-commerce.

3. 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 carry out procedures for notification of an online shopping website or mobile shopping application to competent authorities;

- Failing to notify changes in information about the e-commerce service provision website or mobile service application to competent authorities;

- Committing frauds or providing false information when notifying an online shopping website or mobile shopping application;

- Forging information published on the online shopping website or mobile shopping app.

4. 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 carry out procedures for registration of an e-commerce service provision website or mobile service application with competent authorities;

- Failing to carry out transfer procedures or failing to carry out procedures for re-registration with competent authorities when receiving transfer of an e-commerce service provision website or mobile service application;

- Providing e-commerce services against registered documents;

- Committing frauds or providing false information when carrying out procedures for registration of an e-commerce service provision website or mobile service application;

- Forcing information registered on the e-commerce service provision website or mobile service application;

- Using the registered sign on the e-commerce service provision website or mobile service application before obtaining certification of registration from a competent authority;

- Continuing the provision of e-commerce services after termination or cancellation of registration.

Note: E-commerce operations shall be suspended for a fixed period of 06 – 12 months if one of the violations prescribed in Clause 2, 3 and 4 of this Article is repeated or re-committed.

Moreover, enforced revocation of “.vn” domain name of e-commerce websites or enforced removal of mobile applications from applications store or addresses on which such applications are provided if the violation in Point b, c, d, dd, e or g Clause 4 of this Article is committed.

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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