| VIETNAM PANGASIUS ASSOCIATION |
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
Cantho, 30th September 2015 |
Number:…………………………..
OPERATION REGULATION
E-commerce website for the Vietnam Pangasius - Fisheries sector
Vietnam Pangasius Association is a social – professional organization. It was established by Vietnamese individuals and organizations who are working in the field of feeding, processing, exporting or conducting the research and catering for pangasius supporting services in Vietnam.
The e-commerce website for Vietnam Pangasius - Fisheries sector (the website) is established by Vietnam Pangasius Association. Vietnam Pangasius Association is a social – professional organization. It was established by Vietnamese individuals and organizations who are working in the field of feeding, processing, exporting or conducting the research and catering for pangasius supporting services in Vietnam.
The website aims to provide information and an open business environment for Vietnamese pangasius exporters. The website also plays the role of a reliable shopping channel for foreign partners.
I) General regulations
The website is managed and operated by Vietnam Pangasius Association (VNPA). The website’s members are businessmen, organizations, and individuals who are doing the legal business activities (according to Vietnamese and international laws) domestically and internationally. The mentioned individuals and organizatons must be allowed by VNPA to use the website’s services.
This rule is applied for members who register users, stands for introducing or selling products on the website.
The businessmen, organizations, and individuals who do the transactions on this website will be able to negotiate. The negotiation must ensure the rights and legal interests of all parties involved in the transaction. Transactions are done based on contracts that comply with Vietnamese laws and international commercial law.
The products and services on the website must comply with all related laws. They must not belong to people or businesses who are banned from either doing business or doing advertisement.
All of the contents in this regulation must conform to the current law system of Vietnam and the international commercial law. All members themselves have to understand their own legal responsibilities with the current laws of Vietnam and commit to implement all the website‘s contents.
II) General principles
Domain name of the website: www.mekongfishmarket.com
Sellers: are businessmen, organizations, and individuals that need the services including: setting up stands, posting products on-line, or providing company information.
Buyers: are businessmen, organizations, and individuals that need information about the products and services that are posted on the website. Buyers may register user accounts.
Members: includes sellers and buyers.
- Members who join the mentioned transactions are businessmen, organizations, and individuals that need to sell or buy the products and/or sevices that are listed on the website.
- Members declare all related information. Once they are officially confirmed by the website’s board of management, the members can use the website’s sevices.
- When businessmen, organizations and individuals register to become the website’s members, they should know:
+ A member can create an individual account for personal usage.
+ A member can buy the products and/or services with the correct prices and qualities that were provided by sellers on the website.
- The contents of this regulation comply with current law of Vietnam. When members join the website, they themselves have to understand their legal responsibilities and commit to comply with the website’s regulation. If some principles are not included in this regulation, the members can make reference to the current E-commercial law of Vietnam.
III) Process of transaction
Process of transaction for buyers
The buyers should follow these steps when they need to buy:
- Log in to the website by using their account details
- Search and refer to information about the products, services and sellers that buyers may be interested in.
- Refer to the price and supporting policies of sellers (buyers can refer to the the price and policies of other sellers before they come to a conclusion)
- Buyers can contact sellers for further information about the products or services using the contactinformation provided on the website. In some cases, the two parties can contact in person.
- Buyers decide to place an order and choose the means of transaction according to the specific policies of each seller..
- The buyers and sellers do the transaction through foreign trade contract or other means of contracting via the website.
- The buyers and the sellers take responsibility for the delivery, liquidation and handling of complaints (if there are complaints).
- Vietnam Pangasius Association does not participate in or be responsible for signing contracts between buyers and sellers.
Process for sellers
a) Prepare the information in terms of test and pictures:
The information used for uploading on the website must be devided into two parts: test and pictures.
The test should be typed (using MS Word, Open Ofice) with the following format: font: Arial; size: 12.
The format for pictures are: jpg, bmp or gif.
b) Upload the information:
In order to upload information on the website, members should follow the following steps:
- Log in by using the account registered on the website.
- Go to “Stand Management” section to upload the products.
Delivery and transportation policies
After receiving the buyers’s questions about products
The sellers and buyers will negotiate about the terms such as price and delivery…
The delivery may be done using carrier services, logistics services or other means of transportation.
Maintenance and Guarantee Policies
The sellers are responsible for ensuring the products’ quality and quantity as mentioned in the commitment about the products.
Buyers can raise the complaints in case the products they receive do not meet the commitments of sellers.
Conditions for products returning and dispute handling
If the buyers want to return the products, they can directly contact the sellers. In case the buyers and sellers do not come to an agreement, the buyers can advise the website management board. The website management board will do all it can within its ability to resolve the matter, or refer to for arbitration..
Process to support complaints handling
The sellers are responsible for receiving the buyers’ complaints as well as helping the buyers solve the problems related to transactions on the website.
The respondent with the highest responsibility from the Vietnam Pangasius Association is:
Secretary General
Vietnam Pangasius Association
Address: 6th Floor, VCCI Building, No. 12, Hoa Binh Street, An Cu Ward, Ninh Kieu District, Can Tho City.
Hotline: (+0084) 7103 819 091 Fax (+0084) 710 819 003
Email: vietnam.office@vnpangasius.com
Process to support complaints handling
The sellers are responsible for receiving the buyers’ complaints as well as helping the buyers solve the problems related to transactions on the website.
The buyers can provide complaints to:
Vietnam Pangasius Association
Address: 6th Floor, VCCI Building, No. 12, Hoa Binh Street, An Cu Ward, Ninh Kieu District, Can Tho City.
Hotline: (+0084) 7103 819 091 Fax (+0084) 710 819 003
Email: vietnam.office@vnpangasius.com
The parties respect the legal responsibilities in protecting the buyers’ rights and comply with these responsibilities seriously. Due to this reason, the sellers on this website have to provide the correct and full detailed information about the products or services. All commercial cheats/frauds are not accepted and must be punished by law.
As prescribed by law, those who commit commercial fraud will be punished. The sellers are responsible for providing documents and information that relate to the other parties if the other parties request the documents.
After the buyers and sellers have finished their dispute, they must report to the website’s management board. If it is the fault of sellers, Vietnam Pangasius Association will warn the sellers, remove all information about the sellers’ products and services on the website and request the sellers to compensate the buyers for breaking the contract. Vietnam Pangasius Association can pass the case to legal authorities if the fault is serious.
In case the buyers and sellers cannot come to an agreement for the dispute, one of the two parties can sue at court or at the international commercial arbitration center (according to the terms of contract).
Vietnam Pangasius Association interconnect with the International Arbitration Center in Vietnam (VIAC). The parties in the commercial contracts are encouraged to include in their contracts, the ability to refer disputes to the VIAC for solving.
IV) Process for payment
The fee for using services of the website is publicized. Vietnam Pangasius Association does not accept any prices that are not presented in the website.
The payment is done by using the website’s official account (this account belongs to VINAPA). Vietnam Pangasius Association will not be responsible for the money losses if the members transfer to any personal account of other individuals. Information about the website’s account as following:
VND Account:
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Account holder: Vietnam Pangasius Association.
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Acccount number: 0111000199325
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Name of bank: Vietcombank Can Tho
Foreign currency account:
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Account holder: Vietnam Pangasius Association.
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Acccount number: 0111370209369
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Name of bank: Vietcombank Can Tho
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SWIFT CODE: BFTVVNVX011
Unless the Vietnamese legal authorities request (and in conformity with the international commercial law), all transaction information is secured.
. The buyers do not use any other software or method to interfere with the website’s data. All actions that support or directly interfere with the website’s data are prohibited. All violations will be dealt with either by the website management board, or through the law
In case the buyers contact the sellers in person, the buyers have to make payment before the delivery.
The website will not be responsible for any damage occurring during the transaction if the buyers and sellers contact via other methods (like personal email) instead of using the website’s services.
The buyers do not provide the payment’s details to any other party via email or other methods of contact. The buyers are responsible for making payment by using the ensured international payment services. In case the buyers contact the sellers in person, the buyers have to make payment before the delivery.
The sellers have to provide enough information as requested in the form of the website.
The website’s management board uses different ways to protect the sellers’ product information in order to ensure the transaction.
V) Transaction Assurance
Other payment methods can be used according to the agreement of the buyers and sellers.
Documents against Payment (D/P)
Documents against acceptance (D/A)
Letter of Credit (L/C)
Telegraphic Transfer (T/T)
The buyers and sellers can refer to the following payment methods to choose the suitable one:
VI) Protect the personal information of buyers
1) Purpose and limitation of information collected
The collected information includes: email address, phone number, login name, login password, andaddress of members. All the information is required when the parties register for a member account. The collected information is used to protect the members’ right.
The members themselves are responsible for all actions under their names and passwords. The members are also responsible for reporting the violations of using accounts or violations of the security procedures.
2) Limitation of information using
The website uses information provided by members to:
- Provide the members with services
- Give notices about the actions, and exchange information between the website and its members.
- Prevent the action of destroying the members’ account or the action of disguising the website’s members.
- Contact and help the members solve problems in specific situations.
- Do not use the members’s information for other purposes, except for confirmation and transactions on the website.
- If requested from the legal authorities, the website will provide its members’ information. The legal authorities are: procuracy; court, or police officers that are investigating the illegal actions of customers. Apart from these situations, no one can violate the members’ personal information.
3) Time limitation for information storage
The personal information of a member will be maintained until that member wants to delete his/her information.
4) Address of the information collertor:
- Vietnam Pangasius Association
- Head office: 6th Floor, VCCI Building, No. 12, Hoa Binh Street, An Cu Ward, Ninh Kieu District, Can Tho City.
- Email: vietnam.office@vnpangasius.com
5) Tools for users to approach and edit their personal information
- By logging into their user accounts, the website’s members can check, update, edit or cancel their personal information.
- Members can raise complaints about losing personal information. When receiving the complaints, the website’s management board will check the information, then reply to members’ complaints and assist them to restore the personal information.
6) Commitment for members’ personal information security.
- The personal information of members will be absolutely secured according to the policies of the website. If any party want to take or use a member’s information, he/she has to get permission from that member (unless there are other stipulations of the laws).
- Do not use, transfer or provide a member’s personal information to any other party unless that member allows the website to do that.
- In case there is information lost due to hackers, the website will directly report the situation to legal authorities and advise the members.
- Provide absolute security to members’ online transaction information (such as information about the bills and related documents)
- All members are required to provide information about the representatives of “legal person status” in their transaction. Information includes: full name, address, email address, identity card number, phone number, and bank account number. Members take responsibility for the legality of the information provided. The website will not be responsible for the members’ interest if members provide incorrect information.
VII) Protect the rights of consumer
All representatives of “legal person status” are requird to provide related information (full name, address, email address, identity card number, phone number, and bank account number) when they register for user accounts. Representatives of “legal person status” take responsibility for the legality of provided information. The website will not be responsible for the buyers’ rights/interests if buyers provide incorrect information.
Buyers have the right to directly give complaints to sellers if the products delivered by sellers do not meet the qualities announced (by the sellers).
In case the dispute occurs between buyers and sellers affects the buyers’ legal rights, the website will play the role of arbitration to protect the buyers’ legal rights.
VIII) Deal with bad information
1. Principles for members
Members take responsibility for keeping and securing all of their transaction information under their accounts. Members are responsible for reporting the violations of security procedures, keeping accounts of the third party or reporting any unauthorized use of accounts so that the website can make appropriate responses.
Members are not allowed to use the website’s srvices for bad purposes (such as illegal actions, illogical actions, cheat, destructive actions, creating or spreading viruses on the system, speculating or engrossing the market, creating fake purchase orders or offers). If the members violate any of these mentioned prohibitions, they themselves will face the legal responsibility.
Members are not allowed to make a copy of the website’s services and transfer to the third party without permission from the website’s management board.
Members do not take the bad actions to discredit (harm the good reputation of) the website.
2) All products in the transactions on this website must be the fisheries ones.
List of products that are prohibited or limited on the website:
List of products that are prohibited on the website includes the non-fisheries products and:
- Toxic chemical, chemical use in the fisheries industry that may be hazardous to consumers, the environment, or species of fish.
- Wild animals or trees.
- Fish that are not allowed to be caught; seafood that contains residues exceeding the limitation; toxic seafood; fish that are not allowed to be caught or sold in breach of to the international law for sustainable development of the fisheries industry.
- Medicine for human being; kinds of vaccines; medical bio products; chemical and insecticide chemical; anti-bacteria chemiscal that is not allowed in Vietnam.
- Buy and sell personal information (such as email addresses or lists of customers)
- Merchandise or products that are not allowed to be traded (according to the laws).
Prohibited actions in advertising on the website:
- Advertisements that are vulgar; or advertisements that are not suitable to the Vietnamese fine custom.
- Advertisements that insult the honor or prestige of individuals or organizations.
- Advertisements that use the photos, citations, or handwriting of individuals or organizations without permission from the individuals or organizations.
- Advertisements that are incorrect or cause misunderstanding about the products. The misunderstanding can be about the ability to do business; the delivery of goods and services; products and services; quality and quantity of the products; the prices, function and shapes of the products; the packing, brands, origin, types and methods of payment; types of services; and time limitation of product or service guarantee)
- Advertisements that directly compare the price, quality, or effects of a product to the products of other individuals and/or organizations.
- Advertisements with unfair competition (according to the law of competiton).
- Advertisements that violate intellectual property rights.
- Kinds of advertisement that are not allowed by law.
Mechanism for reviewing and controlling the products and/or services on this website.
The sellers provide details including information of the companies and/or individuals that need to open stands on the website. Only when the website provides user accounts, the companies or individuals are able to upload their products on the stands.
The website’s management board have the total right to remove members’ products from their stands if there is evidence to believe that those products violate this website’s regulation. The inappropriate products will be removed from the stands or will be moved to the appropriate section.
If the products harm the good reputation of Vietnamese fishery industry or violate either Vietnamese or international commercial laws, the website’s management board have the right to remove those products from the stands with or without giving warning to the members.
IX) Responsibility in case technical errors occur:
The website’s management board commit to ensure the safety and stability of the entire system. However, the website’s management board will immediately take action to protect the buyers’ interest if any technical error (of the website) occurs.
When doing transactions on the website, all members have to comply with the guided process.
The website’s management board commit to provide the best quality services to members (of this site). Where technical errors or objective errors occur, and members cannot do the transactions, they should immediately inform the website’s management board. The management board will solve the problem as soon as possible to ensure the members’ convenience in transactions.
However, it is not the responsibility of the website’s management board if members fail to inform the board about the errors due to transmission problem or other problems that are not caused by the management board.
X) Rights and Responsibilities of the website’s management board:
1) Rights of the website’s management board:
After finishing all required procedures for registering, members are conferred the accounts and/or services by the website’s management board.
In cases where there is evidence that a member provided incorrect and inadequate information or the information provided may harm the fine custom of Vietnam, the website’s management board have the right to stop, pause, orcancel that menber’s right to use the website’s services.
The website’s management board will terminate a member’s rights or cancel his/her right to use the website’s services if that member violates the website’s regulation or takes actions to harm the business of this website. The notice will be send to the member within 01 month.
The website’s management board will terminate the members’ accounts if those members do not have any transaction for 03 months. If those members want to be website’s members again, they have to follow procedures for registering a new user account.
The website’s management boad can terminate the members’ accounts if the members are bankrupt; are sentenced, the members’ business causes dispute about legality, commit commercial fraud or violate Vietnamese laws.If the members’ accounts are terminated, all of their rights on the website are terminated too.
The copyright of this website and its content belong to the website’s management board (according to the law of intellectual property rights). All of the symbols and contents in different languages belong to the website. All actions of copying, using or spreading the copyright of this website (without permission of the website’s management board) are illegal.
The website’s management board have the right to change the prices of services or methods of payment during the time membes use this website’s services. The changing is made based on the website’s need and possibility. Members will be notified about the change within 01 month.
2) Duties and responsibilities of the website’s management board:
The website’s management board is responsible for establishing and performing the “Mechanism to ensure the sellers’ information on this website is correct and adequate” (in order to comply with clause 04, article 36 of Decree No. 52/2013/NĐ-CP).
The website’s management board is responsible for building up the website with the following contents:
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Research, design and buy either the hardware or software for this website.
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Set up the internet connection.
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Build up the service policies that fit the website’s ability.
The website’s management board will co-operate with different partners to:
The website’s mamagement board will become the middle man to reconcile the dispute of buyers and sellers. The website will receive the complaints from buyers and do the audit. If the complaints are considered to be true, the website will seek an explanation from the sellers. Depending on the violations of the sellers, the website may request the sellers to compensate the buyers or the website may even terminate the sellers’ accounts.
The website’s management board is responsible for building up, and/or adding the information about:
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Professional qualification for foreign trade.
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Professional qualification for e-commerce.
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System of legislation for domestic and foreign trade.
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Information about the foreign markets.
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News relating to the website.
The website’s management board will promote and advertise the website in foreign markets to develop the market and help the members to find more customers.
The website’s management board will take the best effort to maintain the website’s operation and solve problems such as:
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Technical errors of the hardware.
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Errors of the software.
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Errors of internet connection.
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Personnel problems.
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Social problems.
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Natural disasters/calamities.
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Power cut.
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The command from legal authorities or from a third party.
However, if the problems are beyond the website’s ability or control, then, the website does not take responsibility.
XI) Rights and responsibilities of the members:
- Rights of the members:
If the members have finished registering their accounts, they can buy and sell products on the website.
Each member will be provided with an account (user name and pass word) to log in and control their transaction on the website.
The website’s staff will guide members to use tools for buying, posting advertisements and other services on the website.
Members can give comments on the working process of this website. Comments are directly sent to the website (in form of letter, fax or email).
2) Reponsibilities of the members:
Members are responsible for the security of their account (include transaction information, user name, password, email address)
Members must report the violation of any third party about the illegal use of their accounts and password so that the website can help them to resolve the problem.
Members have to ensure that all information they provide and upload on the website is correct.
Members themselves have to be responsible for: the content, pictures and information about their companies as well as all of their transactions.
The sellers and buyers must provide information about the transaction and products to help the website’s management board handle the dispute (between the sellers and buyers).
The sellers have to compensate the buyers if faults are proved to belong to the sellers.
Members commit not to use the website services for illegal purposes such as:
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Cheating
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Threatening
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Illegal survey
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Destruction
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Creating or spreading virus
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Speculation
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Make fake orders and/or offerings.
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Predict the market trends
If the members take the illegal action as mentioned, they have to be accountable for their actions under the laws.
Members are not allowed to make any changing, copy or provide the website’s services to any third party without permission of the website’s management board.
Members are not allowed to take any action that may harm the good reputation of the website such as:
XII) Term of use:
When the decision for the website’s promulgation takes effect, the website’s regulation takes effect. The website has the right to make adjustment of this regulation (by notifying on this website). The new regulation takes effect as soon as its decision for adjustment takes effect. If the members continue to use this website’s services after the new regulation takes effect, it is considered that the members accept the new regulation.
The regulation will be updated continuously without warning. All members have to comply with the current regulation (at the time members use services) to do the transactions.
XIII) Term of commitment
All members and their partners are considered to accept this regulation if they use the website’s services.
For more information, please feel free to contact the website’s management board at:
Customer service
Vietnam Pangasius Association
Address: 6th Floor, VCCI building, No. 12, Hoa Binh Street, An Cu Ward, Ninh Kieu District, Can Tho City.
Phone number: 07103 819091
Fax: 07103 819003/ 07103 819674
E-mail: vietnam.office@vnpangasius.com
ON BEHALF OF VIETNAM PANGASIUS ASSOIATION EXECUTIVE BOARD
PRESIDENT
Doctor. Nguyen Viet Thang
