Vietnam: Violations against regulations on information and transactions on e-commerce websites shall be fined up to VND 50 million

This is a 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.

 vi phạm về thông tin và giao dịch trên website TMĐT, Nghị định 98/2020/NĐ-CP

According to Article 63 of Decree No. 98/2020/NĐ-CP of Vietnam’s Government, penalties for violations against regulations on information and transactions on e-commerce websites or mobile apps 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:

- Providing false information on traders, owner of e-commerce website or mobile application, goods, services, prices, transport, delivery, payment methods, terms and conditions of contract, and contract containing general terms and conditions on the e-commerce website or mobile application;

- Providing information on, trading in or selling counterfeit goods, intellectual property right-infringing goods or services, or other goods or services banned from trade on the Internet;

- Refusing to permit customers to save information on confirmation of transaction contents after concluding contracts for using online ordering function on the e-commerce website or mobile application;

- Developing online payment function on the e-commerce website or mobile application without adopting mechanisms allowing customers to review and confirm details of each payment transaction before they use this function to make payments;

- Failing to save data on payment transactions made via the provided system for the prescribed period;

- Failing to comply with terms and conditions of the signed contract for using the online ordering function on the e-commerce website or mobile application, or unilaterally terminating that contract;

- Failing to provide information or submit statistical reports on the provision of payment intermediary services on the e-commerce website to competent authorities as prescribed.

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

- Using paths, logo or other technologies to cause misunderstanding about the relationship with other traders or entities;

- Using logo of programs for rating of e-commerce websites or mobile applications before obtaining accreditation from these programs;

- Forcing information of another trader or entity to perform e-commerce activities;

- Failing to adopt measures for ensuring safety and confidentiality of consumers’ payment transactions.

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

- Forging or illegally copying interface of the e-commerce website or mobile application of another trader or entity for the purposes of profiteering or causing misunderstanding or weakening the confidence of that trader or entity’s customers;

- Stealing, revealing, transferring or selling information concerning business secrets of other traders or entities or personal information of consumers in e-commerce without the consent of related parties.

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

- Cheating customers on an e-commerce website or mobile application;

- Taking advantage of e-commerce activities to illegally raise funds from other traders and entities.

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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