What is e-commerce activity? What are the prohibited acts in e-commerce activities in Vietnam?

What is e-commerce activity? What are the prohibited acts in e-commerce activities in Vietnam? (Internet image)

1. What is e-commerce activity?

According to Clause 1, Article 3 of Decree 52/2013/ND-CP (amended by Decree 85/2021/ND-CP), e-commerce activities are regulated as follows:

- E-commerce activity means conducting part or the whole of the process of commercial activity by electronic means connected to the Internet, mobile telecommunications network or other open networks.

- E-commerce service means an e-commerce activity whereby a trader or an organization providing e-commerce service (hereinafter referred to as “e-commerce service provider”) sets up an e-commerce website that offers an environment for other traders, organizations and individuals to carry out trade promotion, sale of goods or supply of services.

E-commerce service providers exclude traders and organizations that only provide website design services and do not directly engage in the business, operation or coordination of activities on such websites.

2. Prohibited acts in e-commerce activities in Vietnam

Individuals and organizations participating in e-commerce activities must not violate the prohibited acts specified in Article 4 of Decree 52/2013/ND-CP (amended by Decree 85/2021/ND-CP) as follows:

- Violations of e-commerce business activities in Vietnam:

+ Taking advantage of e-commerce activities for organizing multi-level marketing without holding a valid certificate of multi-level marketing registration as prescribed by the Law on management of multi-level marketing;

+ Taking advantage of e-commerce to trade in counterfeit goods or trade in goods or provide services infringing upon intellectual property rights, or trade in goods or provide services in the list of goods and services banned from business;

+ Taking advantage of the name of e-commerce business to illegally mobilize capital from other traders, organizations or individuals;

+ Providing e-commerce services or monitoring, evaluation and certification services in e-commerce when these services have not been registered or licensed in accordance with this Decree;

+ Providing e-commerce services or monitoring, evaluation and certification services in e-commerce inconsistent with the information in the dossier of registration or licensing;

+ Committing fraudulent acts or providing false information when carrying out the procedures for notification of the setting up of an e-commerce website, registering a website to provide e-commerce services, registering or applying for a license to provide monitoring, evaluation and certification services.

- Violations of information on e-commerce websites in Vietnam:

+ Falsifying registration information or failing to comply with the regulations on the form and mode of disclosing registration information on e-commerce websites;

+ Using the logos of credit rating programs of e-commerce websites when having not been recognized by these programs;

+ Using links, logos or other technologies on e-commerce websites to cause confusion about the relationship with other traders, organizations or individuals;

+ Using links to provide conflicting or misleading information compared with the information disclosed in the area where the website is connected with this link.

- Violations of transaction on e-commerce websites in Vietnam:

+ Performing acts of deceiving consumers on e-commerce websites;

+ Falsifying information of traders, organizations or individuals in order to participate in e-commerce activities;

+ Intervening in the operation system and Internet browser in electronic equipment accessible to websites in order to force customers to stay on the websites against their will.

- Other violations in Vietnam:

+ Stealing, using, revealing, transferring and selling information relating to business secrets of other traders, organizations or individuals or personal information of consumers in e-commerce without the consent of the parties concerned, unless otherwise provided by law;

+ Faking or copying the interfaces of e-commerce websites of other traders, organizations or individuals to make profit or to cause confusion or customer distrust in those traders, organizations or individuals.

Nhu Mai

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