New regulations in e-commerce in Vietnam: Prohibited forms of e-commerce

ANT Lawyers – On May 16th, 2013, a new regulations on e-commerce in Vietnam has been issued by the Government.  The new Decree No. 52/2013/ND-CP lists specific groups of e-commerce activities that are prohibited in Vietnam. The Decree also explains the differences between e-commerce websites and e-commerce service provision websites.

These new provisions are applicable to all traders, organizations and individuals who are anyway connected with e-commerce in Vietnam.

According to this Decree, there are four groups of e-commerce activities that are prohibited in Vietnam:

Group 1:

E-commerce that works with a network of members which have the characteristics of a snowball system, i.e., connected with the trade of counterfeits, intellectual property infringements, or trade with any other activities that are generally banned in Vietnam.

Group 2:

E-commerce website that do not fulfill registration information regulations or that use false registration information

Group 3:

E-commerce that violates transaction regulations on the websites whereby customers might be cheated or if fake information of other participants is given for the purpose if deceiving users to join e-commerce activity.

Group 4:

E-commerce connected with the abuse of data or secret information of other traders, organizations, or individual persons, whereby the data and information have been provided through e-commerce activities, but are being used in a manner that has not been consented to by the owner.

Forbidding the above mentioned e-commerce activities in Vietnam can be considered as an effective measure to improve the internet trade conditions for all involved parties. Precisely because online trade of goods is not easy to control, it is important to provide clear guidelines for businesses and traders as well as customers to trust in e-commerce in Vietnam.

This decree takes effect on July 1, 2013 and will replace Decree No. 57/2006/ND-CP.

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