Do individuals selling goods on the trading floor have to provide their personal tax identification number in Vietnam? Are e-documents on the trading floor legally valid in Vietnam? How many days in advance should a trading floor change its regulations on operation notify such change in Vietnam?
I used to work before, but now I quit my job and plan to register to sell on some trading floors. Currently, I have learned and heard that to sell on these floors, I need to provide personal information and include tax identification number. Is this request legal? Thank you!
Pursuant to Article 37 of Decree 52/2013/ND-CP stipulating responsibilities of sellers on the e-commerce trading floor as follows:
1. To fully and accurately provide information specified in Article 29 of this Decree to traders or organizations providing e-commerce trading floor services upon registration for service use.
2. To provide complete information about the goods or services as specified in Articles 30 thru 34 of this Decree when selling goods or providing services on the e-commerce trading floor.
3. To ensure the accuracy and truthfulness of information about the goods or services provided on the e-commerce trading floor.
4. To implement the provisions in Section 2, Chapter II of this Decree upon application of the online ordering function on the e-commerce trading floor.
5. To provide information about the situation of their business at the request of competent state agencies to serve the making of e-commerce statistics.
6. To comply with the laws on payment, advertising, promotion, protection of intellectual property rights, protection of consumer interests and other relevant laws when selling goods or providing services on the e-commerce trading floor.
7. To fulfill tax obligations as prescribed by law.
According to the provisions of Article 29 of Decree 52/2013/ND-CP, information about website owner is as follows:
Traders, organizations or individuals that own sales e-commerce websites shall publish the following minimum information on the website homepage:
1. Name and address of the head office of the trader or organization or name and address of permanent residence of the individual.
2. Number, date and place of issuance of the business registration certificate of the trader or the number, date of issuance and issuer of the organization’s establishment decision or individual’s personal tax identification number.
3. Telephone number or another online contact method.
Thus, when you sell goods on an e-commerce trading floor, you need to provide your personal tax identification number and some other information as prescribed above in Vietnam.
According to Article 9 of Decree 52/2013/ND-CP, legal validity as the original as follows:
1. E-documents in commercial transactions are legally valid as the original if fully meeting the following two conditions:
a/ There is a reliable assurance of the integrity of information contained in e-documents from the time the information is first generated in the form of e-document;
b/ Information contained in the e-document is accessible and usable in complete form when necessary.
2. The criteria for assessing the integrity of information are completeness and unalteredness, apart from changes in the form arising in the process of communication, storage or display of the e-document.
3. The criteria of reliability assurance are when one of the following measures is applied on the basis of agreement between parties exchanging and using the e-document:
a/ Signing the e-document with the digital signature granted by a lawful digital signature certification service provider;
b/ Storing the e-document in the system of a licensed e-contract certification service provider that the parties have agreed to select;
c/ There is an assurance from the trader or organization providing infrastructure for the generation, sending and storage of the e-document about the integrity of the information contained in the e-document during the sending and storage in the system;
d/ Other measures as agreed upon by the parties.
According to this Article, e-documents on the trading floor are legally valid and have the same value as the original when meeting the conditions of integrity of information and the information can be accessible and usable in complete form when necessary in Vietnam.
In Clause 3, Article 38 of Decree 52/2013/ND-CP stipulating the Regulations on operation of the e-commerce trading floor as follows:
3. When there is any change in one of the contents specified in Clause 2 of this Article, the trader or organization providing e-commerce trading floor services shall notify all users of e-commerce trading floor services at least 5 days prior to application of such change.
According to the above regulations in Vietnam, when the trading floor changes its operating regulations, it must notify at least 05 days in advance to the users of e-commerce trading floor services.
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