Business & M&A, Legal Knowledge

Must an Enterprise Register Its Website with a State Authority?

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Short answer: It depends on the website type. A website used only to promote the enterprise, without online sales, is not required to notify or register e-commerce activities. However, if the website has online sales functions (ordering, online payment), it must notify the Ministry of Industry and Trade; and an e-commerce marketplace or sales application allowing other traders to sell must be registered. Current regulations: Decree 147/2024/ND-CP (replacing Decree 72/2013/ND-CP) and Decree 52/2013/ND-CP (amended by Decree 85/2021/ND-CP).

Legal basis

  • Decree 147/2024/ND-CP on the management, provision and use of Internet services and online information (effective from 25/12/2024);
  • Decree 52/2013/ND-CP on e-commerce, amended by Decree 85/2021/ND-CP.

Three website types to distinguish

  1. Enterprise promotional website: publishes introductory information only, with no shopping cart/online ordering → no e-commerce notification or registration required; but must comply with regulations on providing online information (no false information, no violation of fine customs…);
  2. E-commerce sales website: the trader’s own website for selling its goods and services → must notify the Ministry of Industry and Trade;
  3. E-commerce marketplace, mobile application allowing other traders, organizations and individuals to sell → must register with the Ministry of Industry and Trade.

General obligations of website owners

  • Fully and accurately disclose information about the website owner (name, address, contact);
  • Ensure truthful information on goods, services and prices, without misleading;
  • Protect users’ personal information in accordance with the law on personal data protection;
  • Be responsible for the information content posted on their website.

Sanctions for violations

  • Failure to notify/register an e-commerce website as prescribed may be subject to administrative sanctions in the e-commerce sector;
  • Posting false information or deceiving consumers may lead to sanctions and orders to correct and remove the information.

If you need to determine the option best suited to your specific situation, you should discuss it with a lawyer in advance for dossier review and advice on the handling plan.

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Related articles

  • Personal data protection in online business
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  • Administrative sanctions in commercial activities

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