Prohibited acts regarding information on e-commerce websites in Vietnam

Prohibited acts regarding information on e-commerce websites in Vietnam (Internet image)

Prohibited acts regarding information on e-commerce websites in Vietnam

According to Clause 2, Article 4 of Decree 52/2013/ND-CP, the violations concerning information on e-commerce websites in Vietnam are stipulated as follows:

- Falsifying registration information or failing to comply with the regulations on the formality, procedures of publicizing the registration information on e-commerce websites;

- Using the logo of programs that assess the credibility of e-commerce websites without recognition from these programs;

- Using links, logos, or other technologies on e-commerce websites to mislead about the relationships with other business entities, organizations, or individuals;

- Using links to provide information that contradicts or misrepresents the information announced in the area of the website where the link is attached.

Additionally, Clause 4, Article 4 of Decree 52/2013/ND-CP also stipulates other violations such as:

- Stealing, using, disclosing, transferring, or selling information related to the business secrets of other business entities, organizations, or individuals, or personal information of consumers in e-commerce without the consent of the related parties, unless otherwise prescribed by law;

- Falsifying or copying the interface of other business entities', organizations', or individuals' e-commerce websites for profit or to cause confusion, losing customer confidence in those entities or individuals.

Regulations on price information on e-commerce Platforms in Vietnam

According to Article 31 of Decree 52/2013/ND-CP, the regulations regarding price information on e-commerce platforms  in Vietnamare stipulated as follows:

(1) Information on the price of goods or services, if any, must clearly state whether the price includes or does not include costs related to the purchase of goods or services such as tax, packaging fees, shipping fees, and other arising costs.

(2) Unless otherwise agreed by the parties, if the listed price information of goods or services on the website does not clearly state whether it includes or does not include costs related to the purchase of goods or services such as tax, packaging fees, shipping fees, and other arising costs, this price shall be understood to include all the related costs mentioned above.

(3) For services on websites providing e-commerce services as stipulated in Sections 2 and 4, Chapter 3 of Decree 52/2013/ND-CP, the website must announce detailed information about the method of calculating service charges and the payment mechanism.

Principles of e-commerce Operations in Vietnam

According to Article 26 of Decree 52/2013/ND-CP, amended and supplemented by Decree 85/2021/ND-CP, the principles of e-commerce operations in Vietnam include:

- The principle of freedom and voluntariness in agreements in e-commerce transactions: Participants in e-commerce activities have the right to freely make agreements that do not contravene the legal regulations to establish the rights and obligations of each party in the transaction. This agreement serves as a basis for resolving disputes arising during the transaction process.

- The principle of determining the scope of business activities in e-commerce: If business entities, organizations, or individuals conduct the sale of goods, provision of services, and promotion on e-commerce websites without specifying the geographical limitations of these activities, then these business activities shall be considered conducted nationwide.

- The principle of determining obligations regarding the protection of consumer rights in e-commerce activities:

+ The owner of e-commerce websites for selling goods and sellers on websites providing e-commerce services must comply with the provisions of the Consumer Protection Law when providing goods and services to customers;

+ Customers on websites providing e-commerce services are consumers of e-commerce services and of goods and services provided by sellers on these websites;

- In cases where business entities or organizations provide e-commerce services for information provision about goods and services from sellers to consumers on e-commerce websites, these entities or organizations act as a third party in information provision according to consumer protection laws.

- The principle of trading restricted goods, conditional business goods, and business under conditional investment industries through e-commerce: e-commerce activities involving restricted goods, conditional business goods, and businesses under conditional investment industries must comply with relevant legal regulations.

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