Vietnam: Fines for e-commerce violations

NO.

Group of violation

Violation

Fine (VND)

1

Violations in establishment of e-commerce websites or mobile-based e-commerce applications

Fail to provide additional information for the announcement of selling e-commerce websites or mobile-based selling applications (hereinafter referred to as ‘selling apps’) as prescribed

1,000,000 - 5,000,000

Fail to provide addition information for the registration for websites providing e-commerce services (hereinafter referred to as e-commerce service websites) or mobile-based e-commerce service supply applications (hereinafter referred to as ‘e-commerce service apps’)

Fail to make notice about amendments or supplements to website-related information as prescribed

Fail to comply with regulations on manners of publishing information on e-commerce service websites or e-commerce service apps

Provide inadequate or misleading information when making notice about the establishment of selling e-commercial websites or selling apps to competent state management agencies

5,000,000 - 10,000,000

Publish registration information on e-commerce service websites or e-commerce service apps inconsistent with information registered with competent state management agencies

Establish selling e-commerce websites or selling apps without making notice to competent state management agencies as prescribed

10,000,000 - 20,000,000

Fail to make notice about amendments and supplements made to e-commerce service websites or e-commerce service apps registered with competent state management agencies as prescribed

Establish e-commerce service websites or e-commerce service apps without registration with competent state management agencies as prescribed

20,000,000 - 30,000,000

Receive transfer of e-commerce service websites or e-commerce service apps without following procedures on transfer or fail to register again with competent state management agencies as prescribed

Carry out supply of e-commerce services inconsistently with registration documents

Falsify information for registration of e-commerce service websites or e-commerce service apps

Forge registration information on e-commerce service websites or e-commerce service apps

Continue supply of e-commerce services after termination or postponement of registration

2

Violations in information and transaction on e-commerce websites or mobile apps

Fail to provide the client with adequate information about dealers, organizations, individuals as owners of e-commerce websites or mobile apps, information about goods, services, price, transportation, delivery, receipt, payment terms, contract provisions and general transaction conditions before the client has concluded the contract for use of online order placement function on e-commerce websites or mobile apps

1,000,000 - 5,000,000

Fail to allow the client to check, supplement, amend or confirm transaction information before use of online order placement function on e-commerce websites or mobile apps for sending request for concluding the contract

Establish e-commerce service websites or e-commerce service apps or other websites without public announcement of processes and procedures on termination of the contract as prescribed

Use links to provide information in conflict with the information announced in the area of e-commerce websites or mobile apps attached with such links

5,000,000 - 10,000,000

Intervene in the operating system and internet browser in electronic devices accessing e-commerce websites or mobile apps to force the client to save unwanted websites or mobile apps

Provide misleading information about dealers, organizations, individuals as owners of e-commerce websites or mobile apps, goods, services, price, transportation, delivery, receipt, payment terms, contract provisions and general transaction conditions on e-commerce websites or mobile apps

10,000,000 - 20,000,000

Fail to allow the client to save confirmations on transaction after concluding the contract for use of online order placement function on e-commerce websites or mobile apps

Establish e-commerce service websites or e-commerce service apps or other websites without provision of online tools to the client for sending request for termination of contract when demands for use of services expire

Develop online payment functions on e-commerce websites or mobile apps without a mechanism for the client to check and confirm details of payment transaction before use of this function for payment

Fail to store data about payment transactions via its system according to prescribed time

Use links, icons or other technologies to cause confusions over relationship with other dealers, organizations and individuals

20,000,000 - 30,000,000

Use icons of e-commerce website or mobile apps credit rating programs without prior consent

Forge information from other dealers, organizations and individuals to participate in e-commerce activities

Fail to develop measures to ensure safety and confidentiality for the client's payment transactions

Forge or make illegal copy of interfaces of e-commerce websites or mobile apps owned by other dealers, organizations and individuals to make profits or cause the client’s confusions and mistrust in such dealers, organizations and individuals

30,000,000 - 40,000,000

Steal, disclose, transfer or sell business secrets of other dealers, organizations or individuals or consumers' personal information in e-commerce without prior consent of relevant parties

Cheat clients on e-commerce websites or mobile apps

40,000,000 - 50,000,000

Take advantage of business activities of e-commerce to illegally mobilize capital from other dealers, organizations and individuals

3

Violations in supply of e-commerce services

Fail to make online announcement of the process of receiving and handling complaints from clients and the mechanism of settling disputes concerning the contract concluded on online promotion websites or e-commerce service apps

1,000,000 - 3,000,000

Fail to make public disclosure of the mechanism of settling disputes arising during the transaction on e-commerce trading floor and online auction websites or e-commerce service apps

Fail to assist the client in protecting his/her lawful rights and interests in case of conflicts with sellers during transaction on e-commerce service websites or apps

Establish online order placement function on e-commerce service websites or apps for dealers, organizations and individuals to carry out concluding of contract but the concluding of contract fails to comply with law provisions

10,000,000 - 20,000,000

Fail to ensure safety for consumers’ personal information and business secrets of dealers, organizations and individuals involved in transactions on e-commerce service websites or apps

Fail to publish the statute on the website or the statute published on the website is found inconsistent with registration documents for e-commerce service websites or e-commerce service apps confirmed by competent state management agencies

20,000,000 - 30,000,000

Change information of the statute of e-commercial service websites or apps without notice to service users

Fail to require dealers, organizations and individuals as sellers on e-commerce service websites or e-commerce service apps to provide information as prescribed

Fail to store registration information provided by dealers, organizations and individuals participating in e-commerce service websites or e-commerce service apps

Fail to publish information about goods and services promoted on online promotion websites or e-commerce service apps as prescribed

Establish online auction websites or e-commerce service apps but fail to provide tools for sellers to make notice, public announcement of necessary information related to auction goods including images of goods and attached documents

Establish online auction websites or e-commerce service apps but technical system serving online auction activities fails to comply with law provisions

Fail to provide measures to prevent and remove from e-commerce websites or mobile apps information about sale or supply of goods and services belonging to the list of goods banned from trading and subject to business restriction as prescribed

Fail to perform statistical reports as prescribed

Fail to take handling measures upon detection or receipt of reports on illegal business acts on e-commerce service websites or e-commerce service apps

30,000,000 - 40,000,000

Fail to provide information and assist state administration agencies in investigating illegal business acts on e-commerce service websites or e-commerce service apps

Organization of a business and marketing network for e-commerce services where each participant pays an initial amount for purchasing the service and receiving commissions, bonus or other economic interests from persuading other people to take part in the network

40,000,000 - 50,000,000

4

Violations in protection of personal information in e-commerce activities

Establishment of policies on protection of personal information is in conflict with law provisions

1,000,000 - 5,000,000

Fail to display on e-commerce websites policies on protection of personal information for consumers

Fail to display policies on protection of personal information before or at the time of information collection

5,000,000 - 10,000,000

Fail to inspect, update, adjust or postpone personal information as requested

Fail to establish mechanism of receiving and handling consumers’ complaints about personal information wrongly used

10,000,000 - 20,000,000

Fail to establish, issue or implement policies on safety and security for the collection and use of personal information of consumers

Collect personal information without prior consent

20,000,000 - 30,000,000

Establish default option which forces consumers to agree that their personal information may be shared, disclosed or used for purposes of advertising or other commercial purposes

Abuse personal information of consumers

5

Violations in activities of assessment, supervision and authentication in e-commerce

Fail to publish processes and criteria for assessment, supervision and authentication on e-commerce websites or mobile apps

5,000,000 - 10,000,000

Fail to add registration documents for activities of assessment, supervision and authentication on e-commerce websites or mobile apps as prescribed

Fail to add, update and publicly announce the list of e-commerce websites or mobile apps that have been assessed, supervised and authenticated by its own as prescribed

Fail to follow the process and criteria for assessment, supervision and authentication as publicly announced

10,000,000 - 20,000,000

Fail to conduct supervision of e-commerce websites or mobile apps that have been assessed, supervised and authenticated by its own

Supply services of assessment, supervision and authentication inconsistently with registration documents

20,000,000 - 30,000,000

Fail to perform statistical reports as prescribed

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

30,000,000 - 40,000,000

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

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

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

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

Take advantage of activities of assessment, supervision and authentication in e-commerce for illegal profits

40,000,000 - 50,000,000

Continue operation even though registration for activities of assessment, supervision and authentication is postponed or terminated, or the license thereto is terminated or revoked