A website providing e-commerce services is an e-commerce website established by traders or organizations to provide an environment for other traders, organizations, and individuals to conduct commercial activities. So, how do we understand what a website providing e-commerce services is and what are related issues surrounding it? Let's explore the current legal regulations related to this issue with NPLaw below.
A website providing e-commerce services is an e-commerce website established by traders or organizations to provide an environment for other traders, organizations, and individuals to conduct commercial activities. So, how do we understand what a website providing e-commerce services is and what are related issues surrounding it? Let's explore the current legal regulations related to this issue with NPLaw below.
I. The current state of websites providing e-commerce services
Currently, there are many websites providing e-commerce services on the market, from large online shopping sites like Lazada, Shopee, and Tiki to small online stores catering to consumers’ shopping needs. These websites offer a wide range of products from fashion, electronics, and household goods to services such as booking airline tickets and hotel rooms.
The current state of websites providing e-commerce services has positive aspects such as:
- Convenience: Consumers can shop anytime and anywhere with just an internet connection.
- Various products: Websites offer a diverse range of goods and services, from common to high-end.
- Promotions and deals: Websites frequently launch promotions and discounts to attract customers.
- Easy price comparison: Consumers can easily compare prices and product quality before making a purchase decision.
However, there are also issues that need improvement on current e-commerce websites, such as:
- Information security: Ensuring the security of consumers' personal and payment information.
- Product quality: Ensuring products are accurately described to avoid disappointing buyers.
- After-sales services: Improving support and return services after purchasing to build customer trust.
In summary, websites providing e-commerce services have significant benefits and potential, but its improvements and development are needed to create the best shopping experience for consumers.
II. Legal regulations related to e-commerce service websites
1. What is a website providing e-commerce services?
A website providing e-commerce services is an e-commerce website established by traders or organizations to provide an environment for other traders, organizations, and individuals to conduct commercial activities.
2. Types of websites providing e-commerce services
Pursuant to Article 25 of Decree 52/2013/ND-CP, as amended by Clause 7 of Article 1 of Decree 85/2021/ND-CP, regulations on forms of organizing e-commerce activities are as follows:
- E-commerce websites are sale websites established by traders, organizations, or individuals to serve their own trade promotion, sales of goods, or service provision activities.
- E-commerce service websites are websites established by traders or organizations to provide an environment for other traders, organizations, and individuals to conduct their commercial activities. E-commerce service websites include the following types:
+ E-commerce trading floors;
+ Online auction websites;
+ Online promotion websites;
+ Other types of websites as regulated by the Ministry of Industry and Trade.
- For applications installed on networked electronic devices that allow users to access the databases of other traders, organizations, or individuals to buy and sell goods, provide items, or use services, depending on the features of such applications, traders or organizations must comply with the regulations on e-commerce sales websites or e-commerce service websites in this Decree.
In addition, the Ministry of Industry and Trade specifically regulates e-commerce activities conducted on mobile telecommunications networks.
In summary, websites providing e-commerce services include the following types:
- E-commerce trading floors;
- Online auction websites;
- Online promotion websites;
- Other types of websites as regulated by the Ministry of Industry and Trade.
3. Procedures for establishing websites providing e-commerce services
Pursuant to Article 55 of Decree 52/2013/ND-CP, as amended by Clause 20 of Article 1 of Decree 85/2021/ND-CP, procedures for registering the establishment of a website providing e-commerce services are as follows:
- Traders and organizations must register online with the Ministry of Industry and Trade regarding the establishment of an e-commerce service website after such a website has been completed with full structure, features, and information according to a service provision plan, has been operating at the registered domain name address, and before officially providing services to users.
- The registration dossier includes:
+ An application for registration to establish a website providing e-commerce services;
+ A copy from the original book or a certified copy or a copy presented with the original for comparison of the establishment decision (for organizations); an electronic copy from the original book or a certified electronic copy from the original; the enterprise registration certificate or business registration (for traders), and the business license (for foreign investors and economic organizations with foreign invested capital);
+ A service provision plan as prescribed in Clause 3, Article 54 of this Decree;
+ A management regulation for operations of the website providing e-commerce services that comply with regulations in this Decree and relevant legal provisions;
+ A sample service provision contract, and general transaction conditions (if any);
+ Other documents as prescribed by the Ministry of Industry and Trade.
III. Frequently asked questions related to websites providing e-commerce services
1. Conditions for establishing a website providing e-commerce services?
Pursuant to Article 54 of Decree 52/2013/ND-CP, as amended by Clause 19 of Article 1 of Decree 85/2021/ND-CP and Articles 10, 11 of Decree 08/2018/ND-CP, conditions for establishing a website providing e-commerce services are as follows:
Traders and organizations are allowed to establish e-commerce service websites as prescribed in Sections 2, 3, and 4 of Chapter III of this Decree when they meet the following conditions:
- Being a trader or organization established according to legal regulations.
- Having a service provision plan that clearly states the following contents:
+ Operational structures, including service provision activities and service promotion and marketing activities both in and out of the online environment, and logistics activities for goods;
+ Determination of the rights and responsibilities between e-commerce service providers and service users.
- Having registered the establishment of a website providing e-commerce services and having the confirmation of the Ministry of Industry and Trade as prescribed in Articles 55 and 58 of this Decree.
2. Should an individual choose the e-commerce sales website or e-commerce service website to serve sales at a cosmetics shop?
- Based on clause 1 of Article 25 of Decree 52/2013/ND-CP, as amended by clause 7 of Article 1 of Decree 85/2021/ND-CP, an e-commerce sales website is a website established by traders, organizations, or individuals to serve their trade promotion, sales of goods, or service provision activities.
Article 52 of Decree 52/2013/ND-CP, as amended by clause 1 of Article 10 of Decree 08/2018/ND-CP, stipulates the conditions for establishing an e-commerce sales website that traders, organizations, and individuals are allowed to establish e-commerce sales websites if they meet the following conditions:
+ Being a trader, organization, or individual that has been issued a personal tax identification number.
+ Having notified the Ministry of Industry and Trade about the establishment of an e-commerce sales website as prescribed in Article 53 of this Decree.
- In addition, Clause 2 of Article 25 of Decree 52/2013/ND-CP stipulates:
An e-commerce service website is a website established by traders or organizations to provide an environment for other traders, organizations, and individuals to conduct their commercial activities. E-commerce service websites include the following types:
+ E-commerce trading floors;
+ Online auction websites;
+ Online promotion websites;
+ Other types of websites as regulated by the Ministry of Industry and Trade.
Therefore, depending on the sales purpose and actual situation, an individual can choose an appropriate type of e-commerce website. Accordingly:
- Choose an e-commerce sales website when:
+ Only providing one or a few products or services for a specific field;
+ Being want to create a prominent effect and impress customers to build a brand;
+ Having a limited budget for advertising and communication, especially for newly established enterprises that do not have sufficient financial resources;
+ Having a limited number of personnel.
- Choose a website providing e-commerce service when:
+ Having sufficient capacity to design a sales system, diverse products with many categories, and can expand not only domestically but also worldwide.
+ Being able to attract many customers and sell many products.
+ Having sufficient financial and human resources.
Thus, the biggest difference between the e-commerce sales website and the e-commerce service website is: the e-commerce sales website only sells one type of goods with a specific field of the seller, while the e-commerce service website provides many e-commerce services and has many sellers with many products.
3. How are business disputes on the e-commerce service website resolved?
Pursuant to the provisions of Clause 5, Article 76 of Decree 52/2013/ND-CP, which regulates dispute resolution in e-commerce:
Accordingly, the resolution of complaints and disputes on a website providing e-commerce service is regulated as follows:
- Traders and organizations providing e-commerce services must clearly publish on their websites procedures for receiving and processing customer complaints and the dispute resolution mechanism related to contracts concluded on their e-commerce websites.
- If traders or organizations providing e-commerce services fail to publish information as prescribed in Point a, Clause 5, Article 76 of Decree 52/2013/ND-CP, they must directly take responsibility for receiving and processing customer complaints and resolving disputes related to contracts concluded on their e-commerce websites.
- Traders and organizations providing e-commerce services may participate in mediation disputes arising between customers and sellers on their e-commerce websites.
Note: Traders, organizations, and individuals owning e-commerce sales websites are responsible for receiving and processing customer complaints related to contracts concluded on their e-commerce websites.
Disputes between traders, organizations, and individuals selling goods and providing services with customers during the contract performance process must be resolved based on the contract terms published on the website at the time of contract conclusion and relevant legal provisions.
Traders, organizations, and individuals selling goods and providing services must not take advantage of the electronic environment to unilaterally resolve disputes without the customer's consent.
Dispute resolution must be through negotiation between the parties, mediation, arbitration, or court according to current procedures and legal regulations.
IV. Legal consulting services related to e-commerce service websites
The above is all the detailed information that NPLaw provides to support readers with e-commerce service websites. If you have any further questions related to the above issues or other legal issues, please contact NPLaw immediately for our team to provide direct advice and guidance on resolution.
