HOW TO REGISTER AN E-COMMERCE SERVICE PROVISION WEBSITE?

My company does business in the field of software production. In the near future, we plan to set up an online "xe om" software and applications. I want to carry out registration procedures for the e-commerce trading floor. What are the conditions for my company to set up a website to provide e-commerce services? How to register an e-commerce service provision website?

 Looking forward to hearing from FDVN Law Firm.

FDVN's opinion:

E-commerce trading floor is an e-commerce website permitting traders, organizations and individuals that are not the website owner to conduct part or the whole of the process of buying and selling goods or services on that website (Under Clause 9 Article 3 of the Decree No.52/2013/NĐ-CP).

[1]. Conditions for setting up e-commerce service provision websites

According to Article 54 of Decree No.52/2013/NĐ-CP amended by Article 54 of Decree No.08/2018/NĐ-CP on conditions for setting up e-commerce service provision websites:

1. The trader or organization shall be established under regulations of law

2. Having a service provision plan clearly stating the following:

•  Model of organization of operations, including service provision, promotion and marketing both online and offline;
• Rights and responsibilities of the trader or organization providing e-commerce services and service users.

3. Having registered for setting up e-commerce service provision websites and having their registrations certified by the Ministry of Industry and Trade.

According to Article 13 of Circular No. 47/2014/TT-BTC amended by Clause 2 Article 1 of the Circular No.21/2018/TT-BTC, your company is registrants refer to traders or organizations having e-commerce websites providing at least one of the following services:

- E-commerce exchange services.

- Online promotion services.

- Online auction services.

[2]. Procedures of setting up e-commerce service provision websites:

Registration documents :

According to Article 14 of Circular No.47/2014/TT-BTC amended by Article 11 of Circular No. 04/2016/TT-BTC, your company needs to prepare registration documents including:

• Registration form for e-commerce service websites (according to Form TMĐT-1 in the Appendix enclosed the Circular No.47/2014/TT-BTC);
• An authenticated copy of Establishment Decision (for organizations), Certificate of Enterprise Registration or Investment Certificate (for traders);
• Plans to provide services;
•  Statute of management of e-commerce service websites;
• Forms of service contract or cooperation agreement between traders and organizations that are in possession of e-commerce service websites and traders, organizations and individuals who take part in the buying and selling of goods and services on such websites;
• General trading conditions applied to the buying and selling of goods and services on the website (if any).

Steps taken:

Step 1: Visit the page: www.online.gov.vn.

Step 2: Traders and organizations register for the account to access the system by providing the following information:

- Names of traders and organizations;

- Business registration number of traders or Establishment decision number of organizations;

- Business lines;

- Traders and organizations' head offices;

- Contact information.

Step 3: Within three working days, traders, organizations or individuals shall receive results from the Ministry of Industry and Trade via registered emails. Traders and organizations shall be granted an account or is rejected or supplements are required.

Step 4: After being granted an account for access to the system, traders and organizations shall carry out logging on, choose a feature “registration for e-commerce service websites, fill in the forms as instructed and enclose registration documents.

Step 5: Within a period of seven working days, traders and organizations shall receive responses from the Ministry of Industry and Trade via registered emails,
valid record results or provides additional information.

Step 6: After receipt of the notice confirming adequacy and eligibility of the documents, traders and organizations shall send to the Ministry of Industry and Trade (Department of E-commerce and Information Technology) a complete registration dossier (hard copy).

Step 7: Traders and organizations shall be responsible for following up the handling of the documents via emails or granted accounts to carry out updating and revising the information as requested.

Step 8: Within a period of 30 working days since receipt of the request for supplements of information, if traders and organizations receive no responses, the documents shall be terminated and registration should start again from the beginning.

Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.

Legal Advisor: Nguyen Thi Suong

FDVN Law Company

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