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Questions and Answers
What is required to ensure when selling goods or providing services on the e-commerce trading floor?
Which aspect must be included in the regulations on operation of the e-commerce trading floor?
What must traders do regarding tax obligations in the context of e-commerce?
Which element is NOT a part of the content that must be displayed on the e-commerce trading floor's homepage?
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What is required from entities providing an e-commerce trading floor in terms of business reporting?
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Which of the following is a limitation that must be included in the regulations of the e-commerce trading floor?
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What must be established to address disputes that arise from transactions on the e-commerce trading floor?
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Which of the following actions would NOT comply with the regulations when operating an e-commerce trading floor?
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What qualifies as a notice of proposal for conclusion of contract on e-commerce websites?
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When must e-commerce websites provide information about the terms of the contract?
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Which of the following is included in the information that e-commerce websites must display to customers before sending proposals?
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What is the purpose of the mechanism for reviewing and confirming contract contents on e-commerce websites?
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What must e-commerce websites do when responding to a proposal for conclusion of contract?
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Which of the following conditions must e-commerce websites meet when allowing customers to review transaction contents?
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Which information must be stored on the customers' information system during the proposal process?
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What is required from e-commerce websites after a proposal for conclusion of contract is sent by a customer?
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Which of the following must be included in the information to be notified for an e-commerce website?
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What is required for a trader to set up an e-commerce service provision website?
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Which of the following items is NOT a condition for setting up e-commerce service provision websites?
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What information must traders register with the Ministry of Industry and Trade before providing services?
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Which of the following is a component of the service provision plan required for e-commerce websites?
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What is the role of the Ministry of Industry and Trade regarding e-commerce service provision websites?
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Which information is needed from the trader or organization regarding the individuals responsible for the e-commerce website?
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What is a required condition for a website's domain name in e-commerce setup?
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What is one requirement for an organization to conduct credit rating of e-commerce websites?
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Which condition must be met regarding the rating criteria for e-commerce websites?
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What is one possible reason for deregistration of an organization conducting credit ratings?
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What is a mandatory obligation of organizations conducting credit ratings of e-commerce websites?
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Which entity is responsible for specifying the operations related to credit rating of e-commerce websites?
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When must organizations report on the updated list of e-commerce websites with the credit icon?
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Which action might lead to deregistration of a credit rating organization?
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What must an organization do before deregistration occurs?
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Which authority may sanction administrative violations in e-commerce?
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What is the effective date of the Decree discussed?
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What must e-commerce websites established before the Decree do within 90 days of its effective date?
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Who is responsible for guiding and examining the implementation of the Decree?
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What does the Decree replace?
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Study Notes
E-commerce websites
- E-commerce websites with the online ordering function for goods and services are viewed as a notice of proposal to contract.
- E-commerce websites are required to provide customers with contract terms before sending their proposals.
- Proposals for conclusion of contract are made when customers generate and send e-documents through an online ordering function.
- E-commerce websites are required to provide a mechanism that allows customers to review, supplement, modify, and confirm transaction contents before sending proposals.
- This mechanism must display the name, quantity, and type of goods or services, the delivery method and timeframe, and the total value of the contract, including details about the chosen payment method.
- The mechanism must also provide information on how and within what timeframe customers can respond to the proposal.
- Customers must be able to select "cancel transaction" or confirm their proposal after reviewing this information.
- Responses to proposals for the conclusion of contract are stored, printed, and displayed in a user-friendly manner.
E-commerce Trading Floors
- Must provide complete information about the goods or services, including required details outlined in articles 30 through 34 of this Decree.
- Must ensure the accuracy and truthfulness of information about the goods or services on the platform.
- Must comply with applicable laws on payment, advertising, promotion, intellectual property protection, consumer rights, and other relevant regulations.
- Must fulfill tax obligations consistent with the law.
- Regulations on the operation of e-commerce trading platforms must be displayed on the website homepage.
- The regulations must include information on :
- Rights and obligations of the traders or organizations providing e-commerce trading floor services.
- Rights and obligations of users of the e-commerce trading floor.
- Detailed descriptions of the trading processes for each type of transaction conducted on the e-commerce trading floor.
- Competencies and operational procedures for handling cases of illegal business activities on the e-commerce trading floor.
- Rights and obligations of the parties involved in transactions conducted on the e-commerce trading floor.
- Limits of liability for the traders or organizations providing e-commerce trading floor services in transactions conducted on the floor.
- Regulations on information safety and management on the e-commerce trading floor.
- Mechanisms for resolving complaints and disputes between parties related to transactions conducted on the e-commerce trading floor.
- Policies on protection of personal information of users of e-commerce trading floor services.
- Measures to handle infringements upon consumer interests on the e-commerce trading floor.
- Measures to handle violations committed by people who do not comply with the regulations on the operation of e-commerce trading floor.
- The following information must also be disclosed:
- Domain name of the e-commerce website.
- Types of goods and services offered on the platform.
- Registered name of the trader or organization or name of the individual owning the website.
- Address of the office of the trader or organization or address of permanent residence of the individual.
- Number, date, and place of grant of the business registration certificate of the trader, or number, date of grant, and granting agency of the establishment decision of the organization; or personal tax identification number of the individual.
- Names, titles, identity card numbers, telephone numbers, and e-mail addresses of the representative of the trader and the person responsible for the e-commerce website.
- Other information as prescribed by the Ministry of Industry and Trade.
Setting Up E-commerce Service Provision Websites
- Traders and organizations may set up e-commerce service provision websites under specific conditions:
- They must have relevant business lines and functions.
- They must possess functional websites with valid domain names that comply with the internet information management regulations.
- A clear service provision plan must be presented, outlining the following:
- Organizational structure including service provisioning, promotion, and marketing online and offline.
- Structure, utilities, and main information sections on the service website.
- Rights and responsibilities of the trader or organization providing e-commerce services and service users.
- The trader or organization must register with the Ministry of Industry and Trade for setting up the e-commerce service provision websites, and the registration must be certified by the Ministry.
Credit Rating of E-commerce Websites
- The Ministry of Industry and Trade handles the following related to the credit rating of e-commerce websites:
- Registration, modification, supplementation, invalidation, and deregistration of traders and organizations engaged in the credit rating of e-commerce websites.
- The specific operation of credit rating, content of dossiers, order, and procedures for registration, modification, supplementation, invalidation, and deregistration of traders and organizations involved in this process.
- A trader or organization involved in the credit rating of e-commerce websites must adhere to certain requirements:
- They must be established under Vietnamese law and have relevant functions and tasks.
- They must be an organizationally and financially independent entity from traders, organizations, or individuals owning the e-commerce websites that are being rated.
- They must have a set of criteria and procedures for rating e-commerce websites, which are publicly and transparently announced and uniformly applied to to-be-rated websites.
- They must register the operation of credit rating of e-commerce websites with the Ministry of Industry and Trade.
- They must comply with the publicly announced credit rating process and criteria.
- They must comply with publicly announced credit rating processes and criteria.
- They must not leverage the credit rating process for illicit profits.
- Traders and organizations conducting credit rating of e-commerce websites have certain obligations:
- To supervise operations of e-commerce websites with the "credit icon."
- To coordinate with state management agencies in inspecting, examining, and handling e- commerce websites with the credit icon that exhibit signs of law violation.
- To submit a list of updated e-commerce websites with the credit icon to the Ministry of Industry and Trade by the 5th day of each month, reflecting the status at the end of the preceding month.
- To report to the Ministry of Industry and Trade on the operation of credit rating of e-commerce websites in the preceding year, by the 15th day of January each year.
Enforcement of E-Commerce Regulations
- The Inspectorate of the Ministry of Industry and Trade, the market management office, inspectorates of provincial-level Industry and Trade Departments, and other state agencies have the authority to sanction administrative violations in e-commerce, based on the Law on Handling of Administrative Violations and pertinent documents.
Effective Date and Implementation Responsibility
- This Decree took effect on July 1, 2013, replacing the Government’s Decree No. 57/2006/ND-CP of June 9, 2006, on e-commerce.
- E-commerce websites established and operating before the effective date of this Decree were required to make announcements or registrations under this Decree within 90 (ninety) days from the effective date.
- The Ministry of Industry and Trade is responsible for guiding and evaluating the implementation of this Decree.
- Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees are responsible for implementing this Decree.
- This Decree was issued by the Prime Minister, Nguyen Tan Dung.
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Description
This quiz explores the essential features of e-commerce websites, focusing on the online ordering functions and customer contract proposals. It highlights the requirements for displaying transaction details and mechanisms for customer reviews and confirmations. Test your knowledge about the legal aspects of e-commerce transactions.
