Tuesday , July 27 2021

Traders please note the key interpretation of Taobao's "Law on Electronic Commerce" – e-commerce – billing platform / Internet finance



On January 4th, the "Law on Electronic Commerce" was officially implemented on January 1st.Taobao officially focused on its interpretation, mainly related to business license processing line, online updates / changes, Taobao city, fairness and so on.

1. Issues related to the business license line:

Q: What does the registration of subjects on the market mean? What are the requirements? What is the specific process?

A: The registration of a market entity, that is, the original industrial and commercial registration, can be applied for registration as an individual industrial and commercial household, company, partnership or sole proprietor. It can be considered according to its own business plan, development plan, local policy and other factors.

Requests and registration procedures vary depending on regional policy. Therefore, it is recommended that the merchant log on to the official website of the territorial surveillance and market management (the Ministry of Industry and Trade merges to become a market surveillance bureau after the adjustment of the national ministry) or by telephone.

Q: What are the specific criteria for which registration of entities on the market is not required? Is there a clear rule?

A: The Law on e-commerce clearly stipulates that the following situations are not necessary: ​​1) personal sale of self-produced agricultural and hospital products, 2) personal sale of household products for household purposes, 3) personal use of their own skills for engaging in suitable papers services without legal approval; 4) individuals conduct sporadic small trade activities; 5) Others should not be registered in accordance with laws and administrative regulations.

It is understood that the relevant administrative departments did not make special provisions for the five types of "small and small amounts" that do not require registration. If the trader does not confirm whether he belongs to the category "small and small sums", he may wait for the appropriate administrative department to adopt special regulations and then apply for registration.

Q: What are the specific requirements for dealing with the registration of entities on the market? How to register if you can not provide proof of a location?

A: The General Market Surveillance Authority announced the "Good Job Evidence Sharing" registration of e-commerce operators on December 4, 2018, explaining: "e-commerce operators apply for registration as individual industrial and commercial households, enabling them to use networked business premises such as Registering Business Premises For those who deal with business activities on more than one e-commerce platform, it is necessary to register multiple network operations where they engage in business activities with the registration authority It is permitted to register permanent residence as a dwelling, the county in which the individual is staying, the Market Surveillance Department and the autonomous area administration, a city without a district or a municipal area is its registration authority. , The General Administration of the People's Republic of China also provides that individual business enterprises registered as business premises with networked business premises can only conduct business activities online and not replace their habitats without approval. The use of apartments is used for offline production and operational activities.

If the merchant runs a business through the network, he can register with the market surveillance department at the place of residence in the business premises of the network. If the application is registered in other forms, there is no adjustment. Please consult the appropriate department for details.

Second, the question of online updates / changes:

Q: Once the e-commerce law comes into force, can I open a store with my ID?

A: Yes, in the newly opened store there is no transactional record. Exceeding the sporadic small amount is the scope of registration of the market entity, or the trader belongs to other types of market entities that are not required to be subject to the Law on Electronic Commerce, and registration is not required. Additionally, if the goods or services offered by traders are required to obtain an administrative license for work, registration of the market entity is necessary and an appropriate administrative license is obtained.

Q: Will the store without a license after the implementation of the new law on electronic commerce be closed or removed?

A: No.

Q: Does the E-Commerce Law need to send a business license?

A: The e-commerce law stipulates that the following types of situations do not require the registration of entities: 1) personal sale of self-produced agricultural and hospital products, 2) personal sale of items for domestic planting, 3) use of their own skills to engage in suitable labor services without legal approval; Individuals conduct sporadic and small transactions, 5) others do not need to register in accordance with laws and administrative regulations.

The General Market Surveillance Administration recently issued "Posts for Good Job in the Registration of E-Commerce Operators", which may take into account the actual situation of huge differences in different regions and industries and did not adopt uniform standards for small sporadic ones. Regarding the timing of alignment, I believe that the government will fully consider the difficulties facing the business. At the same time, Taobao will also provide support for products, rules and service processes.

If the merchant has already considered the registration plan of the case, you can go to the market surveillance department to apply for a business license. Registered as a business or individually industrial and commercial household, can be considered according to its own business scale, development plan, local policy and other factors.

Q: What should I do to open a business license store to meet the requirements of the e-commerce law?

A: If the store of the merchant opens a store as an individual industrial or commercial legal entity or legal entity and has taken a business license, including a business license or an individual business license, and the identity information is correct and valid, then the subject is registered and illuminated. The image is compatible.

Q: What should I do to fulfill the terms of the e-commerce law for the "personal shop" opened with my ID?

A: The e-commerce law stipulates that the following types of situations do not require the registration of entities: 1) personal sale of self-produced agricultural and hospital products, 2) personal sale of items for domestic planting, 3) use of their own skills to engage in suitable labor services without legal approval; Individuals conduct sporadic and small transactions, 5) others do not need to register in accordance with laws and administrative regulations.

If the trader has reviewed the registration plan of the object, the registration of the subject and the upgrade of the store can be completed in two steps: (1) obtaining a business license through the registration of the entity on the market. (2) After obtaining a business license, you can refer to Taobao's personal store upgrade requests (refer to existing requirements) and start the upgrade process in the back of the vendor center. Among them, the legal representative / shareholder / individual industrial and commercial operator shown in the business license must be the same person as the current storage certificate.

Q: As for the difference in the platform, do you need to register on the XXX platform?

A: Yes, as long as it implements e-commerce activities in China, it should comply with the provisions of the Electronic Commerce Law, including self-built web pages or APP self-managed electronic commerce, or through public numbers, small programs, circle of friends, groups, private letters, titles, live streams, short videos and other social and informational media that sell products or offer services to operators. While goods are sold or services are provided over the Internet, they are consistent in aligning with e-commerce laws. Types that can be unregistered are related only to the size and type of surgery.

Third, the issue of Taobao City:

Q: Is this website Taobao?

A: This is an initiative for services started by the government to facilitate the operation of online retailers. It is not clear that five types of small small quantities registered on the market should not be registered, and sellers can voluntarily choose to register according to their own business conditions.

Q: Is the scope of acceptance an independent license or a corporate license?

A: According to the information currently understood by Taobao, the government registration form is an individually industrial and commercial household.

Q: After the application, will Taobao automatically display the business license?

A: The Taobao system is not connected to the registration system, so it can not automatically be illuminated. Once the trader has to obtain the business license, please log into the back of the Taobao vendor center to perform the store upgrade.

Fourthly, the question of fairness:

Q: XXX platform does not require registration of the main business and tax registration. Is Taobao the most stringent?

A: The Law on Electronic Commerce is a law adopted by the Standing Committee of the National People's Congress and will be implemented fairly and evenly within China. According to the interpretation of the parties, each operator engaging in e-commerce activities, including those who conduct e-commerce activities through social platforms, such as public numbers, circle of friends and small programs, must also comply with e-commerce laws. He should fulfill the obligations of registration and tax obligations.

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