Procedures for announcing the opening of an online sales website

Procedures for announcing the opening of an online sales website is an important step to help businesses and individuals do business in compliance with e-commerce laws. Implementing notification in the correct order not only avoids administrative sanctions but also enhances website reputation, creates trust for customers, and helps online business activities develop sustainably, expand market access opportunities and increase revenue.

What is an online sales website?

Online sales websites are also known as e-commerce websites. According to Clause 8, Article 3 of Decree 52/2013/ND-CP, an e-commerce website is an electronic information page established to serve part or all of the process of buying and selling goods or providing services, from displaying and introducing goods and services to entering into contracts, providing services, payment and after-sales services.

Online sales websites have become a popular business tool in today’s digital economy. This is an effective distribution channel that helps businesses and individuals reach customers without geographical and time limitations. E-commerce websites also help reduce operating costs compared to traditional stores.

Popular types of online sales websites include direct retail websites, e-commerce trading floors and online ordering websites. Each of these types has its own characteristics and needs to comply with different legal regulations.

It is important to note that online sales websites are different from doing business on social networking platforms such as Facebook and Tiktok – these activities are not within the scope of the procedures for announcing the opening of an online sales website.

Conditions for opening an online sales website

Conditions for opening an online sales website are clearly specified in Article 52 of Decree 52/2013/ND-CP, amended by Clause 1, Article 10 of Decree 08/2018/ND-CP. These conditions are intended to ensure transparency and responsibility of entities participating in e-commerce activities. Specifically includes the following conditions:

• Be a trader, organization or individual who has been granted a personal tax code.
• Notified the Ministry of Industry and Trade about setting up an e-commerce website for sales according to regulations.

Thus, the condition to open and put an e-commerce website into operation is to have a tax code and notify the opening and establishment of the website to the Ministry of Industry and Trade.

Procedures for announcing the opening of a sales website

Procedures for announcing the opening of an online sales website are specified in detail in Article 9 of Circular 47/2014/TT-BCT. This process includes four main steps, carried out entirely in the electronic environment through the E-commerce Operations Management Portal at address www.online.gov.vn. Specifically:

Step 1: Register an account on the system:

Traders, organizations or individuals need to access the website www.online.gov.vn and proceed to register an account by providing basic information including:

• Name of trader, organization, individual;
• Business registration number of the trader or establishment decision number of the organization or personal tax code of the individual;
• Business/activity field;
• Address of the headquarters of the trader, organization or permanent residence address of the individual;
• Contact information.

Step 2: Within 3 working days, traders, organizations and individuals receive results from the Ministry of Industry and Trade via registered email address regarding one of the following contents:

• If the account registration information is complete, traders, organizations and individuals will be granted an account to log into the system and proceed to Step 3;
• If account registration is refused or additional information is requested, traders, organizations, and individuals must re-register or supplement information as requested.

Step 3: After being granted an account to log into the system, traders, organizations and individuals can log in, select the Notify e-commerce website sales function and declare information according to the form.

Step 4: Within the time limit 3 days working, traders, organizations and individuals receive feedback from the Ministry of Industry and Trade via registered email address about one of the following contents:

• Confirm complete and valid declared information;
• Indicates that the declared information is incomplete or invalid. At that time, traders, organizations and individuals must return to Step 3 to re-declare or supplement information as required.

Traders, organizations and individuals are responsible for monitoring the status of application processing via email or the system access account that has been granted to update and edit information as required.

Within 10 days of working since receiving the notice requesting additional information in Step 4. If the trader, organization or individual does not respond, the notification application will be terminated and the application must be re-notified from Step 3.

Does opening an online sales website require business registration?

Whether opening an online sales website requires business registration is a common question of many entities wanting to participate in e-commerce. According to current legal regulations, the answer depends on the entity conducting online business activities and the scale of operations.

For traders and organizations, business registration is a prerequisite before carrying out the procedure for announcing the opening of an online sales website. Enterprises, cooperatives, and business households must have a business registration certificate or establishment decision in an appropriate industry before setting up an e-commerce website.

For individuals, according to Clause 1, Article 10 of Decree 08/2018/ND-CP amending Clause 1, Article 52 of Decree 52/2013/ND-CP, individuals only need to have a personal tax code to be eligible to announce the opening of an online sales website. This means that individuals do not necessarily need to register as a business household but still must register and have a personal tax code to fulfill tax obligations from online business activities.

>>> Reference: What is an e-commerce platform? Which business codes can be registered?

Frequently asked questions about the procedure for announcing the opening of an online sales website

Below are some frequently asked questions, please refer to:

What are the penalties for not notifying the Ministry of Industry and Trade about online sales websites?

Failure to notify the Ministry of Industry and Trade about e-commerce websites can result in an administrative fine of 10-20 million VND according to Decree 98/2020/ND-CP. If violations continue, the website may be temporarily or permanently suspended and subject to additional sanctions.

How long does it usually take to complete the notification process?

The notification process usually takes approximately 7-10 business days if all information is provided accurately and completely. This time includes 3 days to review account registration and 3 days to review notification documents.

Do I need to be notified again when changing website information?

Yes, according to the provisions of Article 53 of Decree 52/2013/ND-CP, website owners must update information when there is any change in domain name, type of goods/service, or contact information within 7 working days of the change.

Do individuals doing small businesses on social networks need to notify their sales website?

No, doing business on social networking platforms such as Facebook, Instagram or TikTok is not covered by the e-commerce website notification procedure. However, if you have your own website to sell products, you still have to make a notification.

Does a website with an ordering feature but no online payment need to be notified?

Yes, according to the definition in Clause 8, Article 3 of Decree 52/2013/ND-CP, any website that serves part or all of the process of buying and selling goods and services is considered an e-commerce website and needs to make a notification, even if it only has an ordering function without online payment.

Do I have to register for notification every year?

Yes, according to the provisions of Article 53 of Decree 52/2013/ND-CP, e-commerce website owners must update and confirm information periodically every 12 months from the date of confirmation. Failure to fulfill this obligation may result in website information being removed from the system.

How much does it cost to announce an online sales website?

The procedure for notifying online sales websites with the Ministry of Industry and Trade is free of charge. However, if you use a representative service to perform the procedure, the cost will depend on the service provider and scope of support.

Service announcing the opening of an online sales website

Long Phan Consulting Company provides representative services to carry out the entire process of announcing online sales websites. Services include:

• Check website information validity.
• Register an account and notify according to regulations.
• Process feedback, receive confirmation code from the Ministry of Industry and Trade.
• Consulting on e-commerce compliance issues.

The benefits of using the service announcing the opening of an online sales website include saving time, minimizing the risk of application rejection, receiving legal advice, and getting support with annual information updates. In addition, the service also helps businesses grasp changes in legal regulations on e-commerce, ensuring that online business activities always comply with the law.

Conclude

The procedure for announcing the opening of an online sales website is an important legal requirement for all traders, organizations and individuals doing online business in Vietnam. To receive in-depth consulting support and carry out procedures quickly and accurately, please contact Long Phan Consulting Company via the hotline 1900636389. We are committed to accompanying you throughout the process of setting up and developing your e-commerce website.