REGULATION OF THE VIETNAME E-COMMERCE PORTAL (ECVN)
In this Regulation, the following terms are understood as follows:
Regulation is an agreement on the obligations which will be followed by ECVN members.
ECVN System is the Electronic Commerce Portal of the Ministry of Industry and Trade of The Socialist Republic of Vietnam, which is called ECVN for short. ECVN is a structural electronic system that is operated by the Management Board through the Internet in order to promote the trading of goods and services of businesses by electronic means.
Data message is the information created, achieved and sent by electronic means, which is structured in accordance with the ECVN System.
Message diary is a report of all data messages which have been created and sent through the ECVN System.
Member is any enterprise who have registered to participate in the ECVN and pledged to comply with all obligations specified in this Regulation and have been provided with accounts to log in and use ECVN information by the Ministry of Industry and Trade.
Representative is any person who is assigned by ECVN members to on behalf of them log in and use information on ECVN.
Account includes user name, password, electronic devices, digital signature and similar instruments and methods regulated by the ECVN Management Board for members to log in and use ECVN information.
Website is the web page of ECVN System at the address: http://www.ecvn.com that is operated by the ECVN Management Board and will include but not limited to information, characters, forms, items, images, path, sound, graphics displayed on the web page.
2. ECVN System
2.1. The Management Board agrees to provide the members with accounts so that they are allowed to access and use ECVN System based on the provisions regulated hereinafter, which can be amended by the Management Board.
2.2. All the members will not have to pay any fees until an official notice of this matter is issued by the Management Board.
2.3. All members are responsible for the content of messages they send and receive and the manners they use to do so and assure they comply with all stipulations of this Regulation.
2.4. In case the ECVN System can not be accessed because of technical errors, the Management Board will inform all members of this problem by posting a notice up to the website.
3. Security, access and use of ECVN System
3.1. The members will access and use information on ECVN by using accounts in such manners as regulated by the Management Board.
3.2. The Management Board is allowed to regulate different security instruments for accessing and using information on ECVN.
3.3. The Management Board is allowed to amend members' accounts after informing those members at least one week prior to the amendment.
3.4. The Management Board will stop the use of ECVN accounts:
a. Of particular members or their representatives when such members have not been re-verified at the request of the Ministry of Industry and Trade.
b. Of particular members or their representatives if any violation of this Regulation by them is found.
c. Of the representatives if the members they act for withdraw their authorization to such representatives.
3.5. The members will authorize their representatives to on behalf of them access and use information on ECVN. The members will inform the Management Board of this matter in writing in accordance with a given standard form and in such manners as regulated by the Management Board. The representatives will not be allowed to access and use ECVN until the Management Board activates accounts of the representatives in the ECVN System and inform the correlative members of this matter. The date of activating accounts of the representatives is the date on which the Management Board informs the members.
3.6. The members will immediately inform the Management Board in accordance with such forms and in such manners as regulated by the Mangement of Board of any changes related to the representatives. The Management Board will make the necessary amendments in the ECVN System and inform the members of the amendments. These changes take effect on the date on which Management Board informs the members of amendments.
3.7. Any actions, shortcomings or mistakes caused by the representatives will be considered as actions, shortcomings or mistakes of the correlative members who will be responsible for these problems.
3.8. The members will take all necessary actions to protect and maintain the unity and security of the ECVN System, including but not limited to ensuring that no unauthorised access or use of ECVN will be made.
4.1. Unless otherwise regulated in accordance with this stipulation, any notices the Management Board is responsible to provide to the members according to this Regulation will be considered to have been provided if such notices have been sent by post, fax or email.
4.2. The members are responsible to immediately inform the Ministry of Industry and Trade of any changes of post address, email and fax number.
4.3. Unless otherwise regulated, the members must send required notices by post to the Management Board at the following address:
VIETNAME E-COMMERCE PORTAL (ECVN)
Under the Ministry of Trade and Industry
25 Ngo Quyen - Hoan Kiem - Hanoi.
Tel: (04) 2205351; Fax: (04) 2205513
4.4. The members could send letters expressing their opinions on issues related to the access and use of ECVN by post, fax or email to the Management Board at the address provided on the website.
4.5. The Management Board will have a notice of the changes of their post address and fax number on the website of ECVN. These changes will take effect on the date the notice is publicised on the website. The members must be responsible to watch these changes.
5. Evidences and validity
5.1. All information in form of data messages is valid in the ECVN System.
5.2. All data messages created and sent among the members in accordance with this agreement will be considered as the evidences whose validity is as high as that of the documents in writing. These data messages are binding on all related members within the ECVN System.
5.3. Message diary will be duly evidences for any or all data messages sent among the members through ECVN and/or created by ECVN. The members must accept the regulation that the message diary has the highest validity and binding force to all related parties if it is created, achived and maintained in ECVN. The message diary will be managed by the ECVN Management Board.
6. Send and receive da ta messages
6.1. Time (date, hour) in ECVN includes but not limited to the time (date, hour) of sending/receiving date messages, and is counted on the Vietnamese timezone.
6.2. The members are responsible for constantly accessing the ECVN website to receive information.
6.3. Place of sending and receiving date messages will be considered in Vietnam.
7. Intellectual property rights
Copyright of the ECVN System is owned by the Management Board under the Ministry of Industry and Trade. Noone is allowed to copy the ECVN System in any manner without writen permission documents of Management Board.
8. Execution provisions
8.1. Unless otherwise regulated, this Regulation is applied for creating and sending data messages only, but not for the content of the messages.
8.2. The Management Board is allowed to stop the operation of any member on the website without informing in advance if information on such member is considered unacceptable based on the purpose of the website or the standards generally accepted in the trade industry and other regulations of the laws.
8.3. The Management of Board is allowed to amend and supplement this Regulation without informing the members beforehand.