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

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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