VietNamNet Bridge – Though a new decree stipulating the punishments on the violations of the e-commerce law has been released, lawyers and analysts still argue about if Facebook would be fined if it does not register its operation to the watchdog agency.

The Ministry of Industry and Trade’s (MOIT) E-commerce and Information Technology Agency, in a document explaining the articles of the Decree No. 185 sent to the local press, pointed out that since January 1, 2014, all the individuals and businesses that provide e-commerce services through websites will be imposed fines if they do not register to the MOIT.

The fines could be VND10-50 million for individuals and VND100 million for businesses, while the domain name “.vn” will be revoked.

This is understood that the owners of the websites must register, free of charge, at www.online.gov.vn.

Le Thi Ha from the agency stressed that the fines would be imposed only on the owners of the websites, and they would be fined only if they do not make registration with the MOIT.

Meanwhile, the people selling goods through Facebook will not be fined, because they, like other businessmen, are covered by the other laws, including the Commercial Law, Intellectual Property Law and the Law on Consumers’ Right Protection.

Regarding the case of Facebook, Ha said Facebook users don’t have to make registration with MOIT, but Facebook’s owners have to and bear the state management as stipulated in the Decree 185, because Facebook is now using the domain name “.vn” at http://www.facebook.com.vn, or the website would lead to http://www.facebook.com.

Meanwhile, Pham Van Sinh from Pham Anh Law Firm said on Thoi bao Kinh te Saigon in early January 2014 that Facebook is not covered by the Vietnamese laws, because the owner of facebook.com.vn still does not have investment activities in Vietnam, does not have branches or representative offices in Vietnam. This means that Facebook does not have to make registration with the Vietnamese watchdog agencies.

The same newspaper in late January reported that Facebook’s representative in Singapore, through its media agent in Vietnam – T&A Ogilvy – refused to make comments at that moment. The representative also did not say if Facebook made registration as required or not.

Nguyen Ngoc Tuoc, the Vietnamese representative of Facebook, when asked about this in early February, only said he would consider the issue carefully to give the answer as soon as he can.

Meanwhile, analysts have pointed out that the decree No. 185, with complicated technical terms and enigmatic words, may lead to misunderstanding. Therefore, it would be not easy for it to be brought into life.

MOIT considers Facebook as an e-commerce website. However, the website in the world is called a social website.

The analysts have also warned that it is unfeasible to impose fine on Facebook and recall the “.vn” domain name. Even if the domain name is taken back, this would not have much significance for a big social network like Facebook, because users just need “facebook.com”.

MOIT, in the latest news, said that another decree stipulating the responsibilities of the sellers on social networks would be released in 2014.

Compiled by C. V