Strengthening the handling of violations in the field of e-commerce

On March 29, 2023, the Prime Minister issued Decision No. 319/QD-TTg approving the Project on anti-counterfeiting and consumer protection in e-commerce until 2025. On September 13, 2024, the Minister of Industry and Trade issued Decision No. 2390/QD-BCT on the implementation of the Project.

According to the Market Management Department (QLTT), the unit has developed and deployed to its affiliated units Decision No. 906/QD-QLTTTN, dated July 18, 2024 on the work plan on e-commerce in 2024. Accordingly, the affiliated Market Management Teams and E-commerce Teams regularly review, grasp information, inspect, and handle violations in the field of e-commerce, such as: trading in goods of unknown origin, counterfeit goods; goods that infringe intellectual property rights, goods that do not ensure food hygiene and safety...

Market Management forces inspect a facility.

In addition, the units strengthen the dissemination and popularization of laws to business establishments; help establishments expand and diversify their business forms (from traditional business to online business, bringing business services to e-commerce platforms). Inspection and control work is organized regularly according to the established plan, with focus and key points.

In 2024, the Market Management Department of Tay Ninh province inspected 24 cases, detected 15 violations; imposed administrative fines and collected over 417 million VND for the budget. The main violations were not notifying the e-commerce website selling goods to the competent State management agency as prescribed before selling goods; trading in smuggled goods; trading in counterfeit goods; producing cosmetics without being granted a certificate of eligibility to produce cosmetics...

Regarding some typical cases, the Market Management Department said that on June 12, 2024, Duong Minh Chau District Police coordinated with Market Management Team No. 3 under the Market Management Department to inspect a cosmetics business (online business) in Ward 4, Duong Minh Chau Town, owned by Ms. NTHT, born in 1992, residing at the same address, for trading goods without invoices and documents, of unknown origin. The seized exhibits included 517 boxes of various types of skin whitening creams, with a total value of approximately 166 million VND.

On July 26, 2024, Market Management Team No. 4 under the Market Management Department coordinated with relevant units to inspect the business household Nha Truc (Ward 3, Tay Ninh City), owned by THP (born in 1998), residing in Quarter 6, Ward 4, Tay Ninh City.

Through inspection, it was discovered that this business household had committed the following violations: not notifying the e-commerce website to the competent State management agency as prescribed before selling; using the notified symbol to attach to the e-commerce website without confirmation of the notification from the competent State agency as prescribed; not fully notifying the website owner information as prescribed on the e-commerce website. The above case was transferred to Market Management Team No. 4 for handling according to its authority.

On October 20, 2024, in Tan Hoi commune, Tan Chau district, the Economic Police Department of the Provincial Police coordinated with the Market Management Department to discover a case of 3 subjects trading in counterfeit goods, which are functional foods and goods of unknown origin. The seized exhibits include 3,729 functional food products, along with many other related goods. The total value of the goods is estimated at about 293 million VND. The case has been transferred to the police investigation agency for handling according to regulations.

According to the Market Management Department, retail activities on e-commerce are mainly through social networking sites such as Facebook, Zalo, TikTok... without fixed locations, selling goods through applications; sellers often use virtual information, fake information, goods are not gathered at the place of sale, making it difficult for authorities to find the location of goods storage.

In addition, subjects take advantage of the development of postal and express delivery services to send and receive smuggled goods, counterfeit goods, goods of unknown origin... However, the opening of seals and inspection of postal items and parcels by functional forces encounter many difficulties due to the secrecy of the goods.

The Tay Ninh Provincial Market Management Department determined that this is a new type of global commerce, developing rapidly, with many participants and increasingly diverse business and payment methods, but the legal system of Vietnam is still somewhat incompatible and has not been adjusted and completed in time compared to the actual requirements of State management and the fight against counterfeit goods, protecting consumers in e-commerce. On the other hand, there are still organizations, individuals, and consumers with limited awareness and sense of law compliance, deliberately assisting violators.

Faced with that reality, in the coming time, the Market Management Department will continue to strictly implement Decision 319/QD-TTg of the Prime Minister; the directions of the Government, the Ministry of Industry and Trade, the National Steering Committee 389, the Provincial Party Committee, the Provincial People's Committee, the General Department of Market Management and the Provincial Steering Committee 389 on the inspection and control of e-commerce activities in particular and the fight against smuggling, trade fraud and counterfeit goods in general.

In addition, the unit continues to direct Market Management Teams to step up coordination with relevant agencies in inspecting and controlling activities that take advantage of e-commerce to trade in counterfeit, smuggled goods of unknown origin.

The Market Management Department continues to review legal regulations to propose timely amendments and supplements, thereby proactively inspecting, detecting violations, and coordinating more effectively between provincial forces to more effectively prevent counterfeit goods, smuggled goods, and goods of unknown origin on the Internet. At the same time, proactively collect, review, synthesize, build and database, necessary information to serve tax management in the field of e-commerce through the process of inspecting and examining enterprises that are owners of e-commerce trading floors, and units with business activities in the field of e-commerce.

Thuy Hang

Source: https://baotayninh.vn/tang-cuong-xu-ly-cac-vi-pham-trong-linh-vuc-thuong-mai-dien-tu-a186073.html