Penalty when not registering the website with the Ministry of Industry and Trade? How are individuals and organizations penalized for not registering websites with the Ministry of Industry and Trade?
In the era of 4.0, the explosion of the internet led to the necessity of trading goods or providing services on social networks. Currently, in order to carry out e-commerce activities by website, a notice must be registered with the Ministry of Industry and Trade. So, if you do not register for website notification, how will the sanction be applied? The following article will analyze these issues.
According to the law, all sales e-commerce websites and websites providing e-commerce services are required to register the website with the Ministry of Industry and Trade.
The website declaration with the Ministry of Industry and Trade helps the state agency to manage and perfect the information system, conditions and terms of agreement between sellers and buyers on online websites, ensuring better benefits. of both seller and buyer.
A website that is declared will enhance the value and affirm the brand of that website from that, making online consumers more secure and trusting than unregistered / notified websites – without logo. leads to the page link of Ministry of Industry and Trade.
Individuals and organizations that use websites for business purposes must register at the official website of the Ministry of Industry and Trade, www.online.gov.vn – E-commerce Management Information Portal.
If an individual or organization uses a website for business without registering and notifying the Ministry of Industry and Trade, he / she will be administratively sanctioned in accordance with law. In Decree 185/2013 / ND-CP and amended and supplemented in Decree 124/2015 / ND-CP stipulating the issue of sanctioning administrative violations in commercial activities, production and trading counterfeit goods, banned goods and protection of consumer rights, specific penalties related to website declaration acts are as follows:
+ Individuals and traders that commit acts of violation in one of the following cases shall be administratively sanctioned with a fine of between VND 1,000,000 and VND 5,000,000:
For sales e-commerce websites: do not submit additional documents when announcing in accordance with law; when the information related to the website is changed without notice of modification or addition to the competent state agency.
• For e-commerce service websites: no additional application is required when registering in accordance with laws; After registering, the order and procedures or forms of information disclosed on the website are not in compliance with the provisions of law.
+ Individuals and traders that commit violations in the following cases shall be administratively sanctioned with a fine of between VND 5,000,000 and VND 10,000,000:
• If in the process of informing the competent state agency about the creation of a sales e-commerce website without providing complete and accurate information.
• If the information content of the website providing e-commerce services at the time of publication is not consistent with the content of information previously registered with the competent state management agency.
If an individual or trader intentionally recurs or commits a violation many times, an additional sanction of suspension of e-commerce activities shall be applied for a period of between 06 months and 12 months.
+ Individuals and traders that commit violations in one of the following cases shall be administratively sanctioned with a fine of between VND 10,000,000 and VND 20,000,000:
• Failure to follow procedures for notifying competent state agencies about the creation of sales e-commerce websites.
• If the registered e-commerce service website has a change of related information without carrying out the amendment and supplement declaration procedure with the competent state management agency.
• If an individual or trader intentionally relapses or commits repeated violations, an additional sanction of suspending e-commerce activities shall be applied for a period from 06 months to 12 months.
+ Individuals and traders that commit violations in the following cases shall be subject to administrative sanctions with a fine of between VND 20,000,000 and VND 30,000,000:
• Not performing registration activities when creating websites to provide e-commerce services with competent state management agencies.
• Do not carry out the procedure for re-registering the website providing e-commerce services when conducting the transfer of the website from the previous owner.
• Conducting the provision of e-commerce services different from the content of website registration documents.
• When conducting the registration of an e-commerce service website, intentionally declaring or providing untrue information.
• Committing acts of forging information (personal information, traders, organizations, contact information, address or head office, etc.) when registering e-commerce service website.
• After receiving the notice of termination of registration or cancellation of registration from the Ministry of Industry and Trade, still deliberately continuing to provide e-commerce services on that website.
If an individual or trader intentionally relapses or commits repeated violations in the violations mentioned in Points 1, 2, 3 and 4 above, an additional sanction of operation suspension will be applied. e-commerce activities within a period of from 06 months to 12 months.
If individuals or traders commit violations of the cases specified at Points 2, 3, 5 and 6 above, they will be subject to additional remedies resulting in the withdrawal of “.vn” domain names or geographical areas. Only previously provided.
Imposing a fine with the above amount is the main sanctioning form in e-commerce field for individuals and traders who are individuals committing acts of violation. If these violations are committed by organizations or traders who are organizations, they shall apply administrative sanctioning fines with the amount twice the amount imposed by individuals.
The additional sanctions and remedies are applied equally to individuals and traders (including individuals operating commercially and organizations legally and independently established).
After the effective date of Decree 185/2013 / ND-CP starting from January 1, 2014, the Department of E-Commerce and Information Technology under the Ministry of Industry and Trade has collaborated with the management agencies. relevant measures taken to inspect, examine and handle violations to protect online transactions, create and ensure the confidence of buyers.
From detecting and sanctioning violations in the field of e-commerce, it will contribute to help e-commerce develop in a transparent manner and ensure participants in transactions with more trust.
Therefore, in order to create, publish and use the website in accordance with law and not being sanctioned by competent state agencies, individuals, traders and organizations that set up websites need to follow the order and procedures. register with the Ministry of Industry and Trade in accordance with the law.