E-commerce exchange license

E-commerce exchange, as defined in Decree No. 52/2013/ND-CP on E-commerce, is an e-commerce website that permits traders, organizations and individuals who are not website owners to conduct part or the whole process of buying and selling goods and services on that website.

When providing e-commerce exchange services, an e-commerce exchange business enterprise which is simultaneously an e-commerce website owner shall make issuance for an e-commerce exchange license at the competent agencies. Such enterprises need to pay attention to the following concerns.

A. Conditions for enterprises to set up websites to provide e-commerce exchange services

1. Enterprise being established in accordance with law.

2. The enterprise has a service provision plan which clearly states the following contents:

(a) Model of organization of operation, including service provision, promotion and marketing both online and offline;

(b) Delimitation of rights and responsibilities between enterprises providing e-commerce services and service users.

3. Registered to set up an e-commerce service website and has been certified by the Ministry of Industry and Trade as prescribed in Articles 55 and 58 of Decree No. 52/2013/ND-CP.

B. Registration dossiers

Enterprises make online registrations with the Ministry of Industry and Trade to set up websites to provide e-commerce services after the completion of websites with full structure, utilities and information according to the service provision plans, operate at the registered domain name and prior to providing services to users in official. Registration dossiers under Decree No. 52/2013/ND-CP including:

  1. A registration form for setting up an e-commerce service website;
  2. The authenticated copies of the establishment decision (for organizations), enterprise registration certificate, investment registration certificate or investment license (for traders);
  3. Service provision plan as prescribed in Clause 3, Article 54 of this Decree;
  4. Regulations on operation management of websites providing e-commerce services in compliance with the provisions of this Decree and relevant laws;
  5. Service provision contract form, general transaction conditions, if any;
  6. Other documents prescribed by the Ministry of Industry and Trade;
  7. The process of E-commerce exchange registration.

C. The registration procedure

The registration dossiers of e-commerce exchange service provision website shall be received and handled by the Ministry of Industry and Trade online on the e-commerce management portal at website www.online.gov.vn

To declare documents, enterprises shall access the e-commerce management portal and do following steps:

1. Enterprise signs up for an account to access system by providing following information:

– Name of enterprise;

– Business registration number of enterprise

– Business sectors and activities

– The address of head office of enterprise

– Contacts.

2. Within 03 working days, enterprises shall obtain the results from the Ministry of Industry and Trade through registered email address on one of following contents:

If information for account registration is sufficient, such enterprises shall be provided accounts and do Step 3.

If account registration is refused or request information for amendment, enterprises shall make registration again or supplement required information.

  1. After being granted accounts to access the system, such enterprises shall sign in, choose the feature “Registration for e-commerce service provision website, fill in information in form and enclose registration dossiers. 
  2. Within 7 working days, enterprises shall get response from the Ministry of Industry and Trade through registered email address about one of the following contents:

Confirmations that the documents are adequate and eligible and request the enterprise to continue with Step 5;

Notice the documents are inadequate or requests for supplements. In this case, traders and organizations should return to Step 3 for declaration again or supplementing the information as requested.

  1. After receiving the notification of confirmations that the documents are adequate and eligible, the enterprise shall send to the Ministry of Industry and Trade (the Department of E-commerce and Information Technology) a complete registration dossier (hard copy).

Enterprises are responsible for following the process of dossiers via email or the system access account has been granted to update and correct information as required.

Within 30 working days from the date of receipt of the notice requesting additional information in Step 4, if the enterprise does not respond, the registration dossier on the system will be terminated and the enterprise must proceed with the registration procedure again.

The time limit for registering to set up a valid e-commerce service provision website is 10 working days.

D. Results of registering for an e-commerce exchange

The Ministry of Industry and Trade shall send a piece of code to traders and organizations via their registered email addresses for enclosing to the website providing e-commerce services, displayed as a registration icon. When this icon is clicked, the user is directed to the registration information of such traders or organizations at the e-commerce management portal.

E. Procedures for issuance for e-commerce exchange license

1.Declare information in issuing for e-commerce exchange license

To declare dossiers, traders and organizations shall access the E-commerce exchange registration system at the website of the Ministry of Industry and Trade at www.moit.gov.vn. After filling in all the information required by the System, traders and organizations send registration dossiers to the Ministry of Industry and Trade online.

2. Appraisal of exchange license dossiers

Upon receipt of the registration dossiers, the Ministry of Industry and Trade shall check such documents and notify the trader or organization submitting the application within 3 working days to request additional documents or make confirmations that documents are adequate and eligible. 

3. Approval of online issuance and request to send documents (hard files) for exchange licenses to the Department of E-commerce

After receiving the notification confirming the complete and valid application, the trader or organization shall send to the Ministry of Industry and Trade a dossier of application for an E-commerce exchange license (hard copy).

4. Issuing a logo to confirm the e-commerce exchange registered with the Ministry of Industry and Trade

Within 5 working days from the date of receipt of the paper registration dossier, the Ministry of Industry and Trade confirms the registration for the e-commerce exchange by attaching the registration icon on the homepage of the website and publicly publishing information about the E-commerce exchange. E-commerce exchange has been registered on the website of the Ministry of Industry and Trade.

Includes: Registered name and transaction name of the trader or organization; Office address; Phone, email address; The address of the domain name of the e-commerce exchange; Business areas.

5. The owner attaches the link that has applied for the license of the e-commerce exchange on the e-commerce website

The owner will attach the logo content registered with the Ministry of Industry and Trade on the website to notify the website is registered and licensed.

F. How to issue for an E-commerce Exchange License

– The receipt and processing of issuance for an e-commerce exchange license in online at the e-commerce website management system on the portal of the Ministry of Industry and Trade;

– Traders and organizations declare information online via the Internet (using the e-commerce website management system at the portal of the Ministry of Industry and Trade);

– Traders and organizations shall send a set of written documents by post to the Ministry of Industry and Trade for appraising and archiving;

– Traders and organizations shall follow the process of issuance procedure via email or the provided System access account to update and edit information as required.

Note: The content presented above is for reference only. Depending on different times and clients, the above content may no longer be relevant. For any detailed consultation, please contact us via email: phieu.le@lmp-lawyers.com

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