E-commerce activitiesare a form of buying, selling and exchanging goods and services through online platforms. This process helps businesses reach a wider market, reduce operating costs and optimize customer experience. The transaction process includes many steps and steps that will help customers easily make transactions quickly and safely. E-commerce opens up sustainable development opportunities for businesses in the digital age.
E-commerce activities – Implementation process
What is e-commerce activity? Is it different from traditional commercial activities?
Pursuant to Clause 1, Article 3 of Decree 52/2013/ND-CP on the concept of e-commerce activities, this is the conduct of part or the entire process of commercial activities by electronic means with a result. Connect to the Internet, mobile telecommunications networks or other open networks.
The biggest difference between e-commerce activities and traditional commerce activities lies in the way of operation, specifically, e-commerce activities are required to use tools that are electronic means connected to the Internet, mobile telecommunications networks or other open networks for a stage in the overall planning process.
Operating principles of e-commerce
The operating principles of e-commerce are specified in Article 26 of Decree 52/2013/ND-CP and amended and supplemented in Decree 85/2021/ND-CP. The principles include:
Principle of freedom and voluntary agreement in e-commerce transactions: Parties participating in e-commerce transactions have the right to freely agree, as long as it does not violate the law, to determine the rights and obligations of each party in the transaction. This agreement will be the basis for resolving disputes arising during the transaction.
Principles for determining the scope of business activities in e-commerce: If traders, organizations or individuals sell goods or provide services on e-commerce websites without clearly stating the geographical scope, those business activities are considered to take place nationwide.
Principles for protecting consumer rights in e-commerce:
E-commerce website owners and sellers must comply with the Law on Consumer Protection when providing goods and services.
Customers on e-commerce websites are considered consumers of both e-commerce services and the seller’s goods/services.
If the party provides information about the seller’s goods/services, they will be a third party according to consumer protection regulations.
Principles of trading restricted or conditional goods and services via e-commerce: When trading restricted or conditional goods and services, e-commerce must fully comply with relevant legal regulations.
Operating principles of e-commerce
Forms of operation of e-commerce trading floors
According to Clause 2, Article 35 of Decree 52/2013/ND-CP (amended and supplemented in Decree 85/2021/ND-CP), forms of operation of e-commerce trading floors include:
Booth website: Allows participants to open booths to display and introduce goods or services.
Website for entering into contracts: Allows participants to open accounts to enter into contracts with customers.
Buying and selling website: There is a buying and selling section where participants can post news about buying and selling goods and services.
Social network: Has one of the forms of activities specified in points a, b, c, and participants pay fees directly or indirectly to carry out those activities.
These forms allow parties participating in e-commerce trading floors to carry out activities of buying, selling and exchanging goods and services in a flexible and diverse manner.
Process for registering e-commerce transactions
The e-commerce transaction registration process includes the following steps:
Step 1: Register an account on the e-commerce management portal
First of all, organizations and traders need to access the e-commerce activities management information portal of the Ministry of Industry and Trade (online.gov.vn).
Create a registration account with basic information about the legal entity, such as organization name, business code, headquarters address, and contact information.
After successful registration, the system will provide an account for traders to continue the exchange registration process.
Step 2: Declare information about the website/electronic trading floor
After having an account, traders need to access the system and declare information about the website or e-commerce trading platform.
Provide detailed information about the services, features and goals of the exchange, including: Website name, URL, Website functions, User target, Organizational structure of the exchange and parties Participate in trading….
Provide copies of the organization’s legal documents, along with certificates and technical documents related to the website’s system.
Step 3: Check and evaluate documents
After completing the information declaration and submitting the dossier, the Ministry of Industry and Trade will check and process the registration dossier within 7 to 10 working days.
The Ministry of Industry and Trade will review the registration dossier, check the legality of the documents and evaluate the conformity of the declared information with the provisions of the law.
If the profile is valid:The Ministry of Industry and Trade will notify and request traders to send paper documents (or copies of certification documents).
If the profile is invalid:The Ministry of Industry and Trade may request traders to supplement information or explain further unclear issues in the dossier.
Step 4: Licensing and recognizing the exchange
After the dossier is checked and additional requirements (if any) are completed, the Ministry of Industry and Trade will issue an operating license to the e-commerce trading floor.
Merchants will receive a licensing notice and can legally start launching their e-commerce platform.
CSPL: Article 55 Consolidated Document No. 14/VBHN-VPQH 2021 consolidates the Decree on E-commerce, Article 15 Circular 47/2014/TT-BTC.
Steps to perform e-commerce transactions
Consulting on transactions and registering e-commerce activities at Long Phan
E-commerce is a form of trading in goods and services through online platforms, helping businesses reach large markets, reduce costs and optimize user experience. Our services include:
Consulting on regulations on conditions and procedures for registering e-commerce activities;
Support customers in drafting documents in accordance with regulations;
Representing customers to submit documents and work with competent authorities;
Consulting and supporting customers in case documents are incomplete and need to be amended or supplemented;
Advise on resolution methods when disputes arise.
Consulting on other regulations and procedures.
Registering e-commerce activities is an important step to help businesses ensure full compliance with regulations and build trust with customers and partners. Through this process, businesses not only protect their legal rights but also enhance their reputation and professionalism in the eyes of consumers. Please contact us today via the hotline: 0906735386to receive dedicated advice and comprehensive solutions.
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Dương Thị Kim Ngân
Jurist Ngan Duong Thi Kim - Partner of Long Phan, Ms. Ngan possesses profound knowledge in business consulting, labor, and contracts. With dedication and creativity, Ms. Ngân has achieved significant success in advising and supporting businesses in critical areas such as legal matters, finance, management, and contracts. She is committed to providing optimal solutions and helping clients succeed in the business environment.