Reporting obligations for e-commerce websites and applications

In this era of digital technology advancement, online business continues to expand. Authorities are strengthening their oversight of e-commerce activities to ensure transparency and protect consumer rights. To ensure compliance with legal regulations when doing business, companies that offer e-commerce services through websites or applications must regularly submit reports on their operations.

How should the company prepare this report? The following article will clarify the above issues by addressing these questions in detail.

1. Periodic Reporting Obligations for E-Commerce Service Providers

According to Decree 52/2013/ND-CP, as amended and supplemented by Decree 85/2021/ND-CP, e-commerce service providers must periodically report on their service provision activities to the Ministry of Industry and Trade.

Specifically, all types of websites and applications providing e-commerce services, including:

1. e-commerce trading platforms
2. online auction websites/applications
3. online promotion websites/applications must report their service activities via the Ministry of Industry and Trade’s information portal.

However, in practice, e-commerce sales websites or applications (with blue ticks) are also required to report on the status of providing e-commerce services.

Thus, all company that has e-commerce activities are required to report on the status of providing e-commerce services.

2. Responsibility and Reporting Deadlines

Companies must submit their annual operation report by January 15 of each year. This report provides statistical data from the previous year, assisting regulatory agencies in understanding the overall performance of companies in the e-commerce sector.

Owners of e-commerce platforms include:

• Big platforms like Shopee and Lazada; or
• Online auction sites, such as lacvietauction.vn and daugiabtn.com; or
• Online promotion websites, such as hotdeal.vn, emoi.io, and AEONMALL Vietnam application

must ensure that business reports are complete and submitted in a timely manner. Submitting periodic reports is not only a legal obligation but also a basis for companies to self-review their operations, ensure compliance with legal regulations, and avoid penalties for violations.

3. Instructions for submitting periodic reports

E-commerce service providers can submit their reports through two methods: Online submission or by mailing a written report.

For online reports

Companies can log in to the e-commerce management system themselves at baocao.online.gov.vn and follow these steps:

• Step 1: Log in to your registered account;
• Step 2: Select the “Periodic report” section and complete the required information as instructed.
• Step 3: Review the filled-out information and submit the report;
• Step 4: The Department of E-commerce and Digital Economy – Ministry of Industry and Trade will review and approve the report.

Online reporting offers a convenient way for companies to fulfill their obligations quickly and efficiently.

For written reports via postal service

Alternatively, companies can submit their reports by post. The Ministry of Industry and Trade provides a specific reporting form for e-commerce platform owners.

Companies can complete the process by printing the form, filling in the required information, and sending it to the following address: Department of E-commerce and Digital Economy, 25 Ngo Quyen Street, Hoan Kiem District, Hanoi.

This form requires detailed statistics on the previous year’s business activities to ensure transparency and completeness in accordance with regulatory requirements.

4. Consequences of failing to meet reporting obligations

Failure to submit periodic reports on time can lead to administrative penalties for e-commerce service providers.

Accordingly:

• Fines for violations range from VND 2,000,000 to VND 10,000,000;
• Additionally, companies that fail to comply may be publicly listed on the website https://online.gov.vn/.

While the fines may seem minor for large companies, non-compliance can damage a business’s reputation in the online marketplace.

Periodic reporting on the activities of e-commerce websites and applications is a mandatory requirement under Vietnamese law. It enables regulatory agencies to monitor business operations but also helps companies ensure compliance with regulations and avoid violations of the law. Companies must pay attention to fulfilling this obligation on time, ensuring transparency and professionalism in e-commerce business activities.

5. Conclusion

These insights from PLF highlight the importance of reporting e-commerce activities in Vietnam. We hope this article provides valuable information for companies, particularly those in the e-commerce industry.

At PLF Law Firm