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The provisions within the Electronic Transactions Law help institutionalize the state's viewpoints and policies, creating a favorable legal environment and regulating relationships arising from electronic transactions. For a comprehensive understanding of this law, stay tuned for the upcoming article from Mytour.
The Electronic Transactions Law of 2005, Law number 51/2005/QH11, provides details on principles, formation, and execution of electronic contracts.
1. General Overview of the Electronic Transactions Law.
2. Basic Content of the Electronic Transactions Law.
2.1. General Principles of Conducting Electronic Transactions.
2.2. Prohibited Behaviors in Electronic Transactions.
2.3. Formation and Execution of Electronic Contracts.
3. Amendments and Supplements to the Electronic Transactions Law.
* Download the Latest Electronic Transactions Law HERE
1. General Overview of the Electronic Transactions Law
- The latest Electronic Transactions Law in use is the 2005 Electronic Transactions Law, numbered 51/2005/QH11, effective from March 01, 2006.
- The Electronic Transactions Law consists of 8 chapters and 54 articles.
+ Chapter I: General provisions, including 9 articles, from Article 1 to Article 9;
+ Chapter II: Data messages, including 11 articles, from Article 10 to Article 20;
+ Chapter III: Electronic signatures and electronic signature authentication, including 12 articles, from Article 21 to Article 32;
+ Chapter IV: Formation and execution of electronic contracts, including 6 articles, from Article 33 to Article 38;
+ Chapter V: Electronic transactions of state agencies, including 5 articles, from Article 39 to Article 43;
+ Chapter VI: Security and safety in electronic transactions, including 6 articles, from Article 44 to Article 49;
+ Chapter VII: Dispute resolution and violation handling, including 3 articles, from Article 50 to Article 52;
+ Chapter VIII: Enforcement provisions, including 2 articles, Article 53 and Article 54.
- In terms of regulation scope: The law governs electronic transactions in the activities of state agencies; in civil, business, commercial, and other fields as prescribed by law.
The issuance of certificates for land use rights, ownership of houses and other real estate, documents on inheritance, marriage registration, divorce decisions, birth certificates, death certificates, promissory notes, and other valuable papers is not subject to the provisions of the Electronic Transactions Law.
- The applicable entities are individuals, agencies, and organizations choosing to transact electronically.
The content of the 2005 Electronic Transactions Law spans 8 chapters with 54 articles.
2. Basic Content of the Electronic Transactions Law
2.1. General Principles of Conducting Electronic Transactions
Electronic transactions are conducted based on the general principles specified in Article 5 of this Law, including:
- Voluntarily opt to utilize electronic means for transactions.
- Mutually agree on the choice of technology for conducting transactions.
- No technology is deemed singular in electronic transactions.
- Ensure equality and safety.
- Safeguard the legal rights and legitimate interests of agencies, organizations, individuals, the state's interests, and public interests.
- State electronic transactions must adhere to the principles stated in Article 40 of this Law.
2.2. Prohibited Behaviors in Electronic Transactions
When conducting electronic transactions, strictly prohibit the following behaviors:
- Impede the choice to use electronic transactions.
- Impede or illegally obstruct the process of transmitting, sending, receiving data messages.
- Alter, delete, cancel, forge, copy, disclose, display, unlawfully move part or all of the data message.
- Create or distribute software programs that disrupt, alter, or sabotage the operating system or engage in other actions to disrupt the electronic transaction infrastructure.
- Generate data messages to perform illegal activities.
- Fraud, impersonate, misappropriate, or unlawfully use the electronic signature of others.
2.3. Formation and Execution of Electronic Contracts
- According to the provisions in Chapter IV of the Electronic Transactions Law, electronic contracts are legally recognized when ensuring compliance with electronic transaction regulations and contract laws.
- When forming and executing electronic contracts, the parties have the right to agree on technical requirements, authentication, conditions ensuring integrity, and security related to that electronic contract.
3. Amendment and Supplement to the Electronic Transactions Law
- Currently, the draft amendment to the Electronic Transactions Law will be presented to the National Assembly in the October 2022 session and approved in the May 2023 session.
- The draft under construction consists of 8 chapters, 60 articles.
- The central focus of the amendment draft includes:
+ Expanding the scope of regulation of the Electronic Transactions Law;
+ Regulations ensuring the legal value of data messages: Detailing how to determine the legal value of data messages;
+ Regulations ensuring the legal value of electronic signatures; electronic contracts;
+ Regulations on trusted services;
+ Safety, security, protection, and security in electronic transactions;
The Electronic Transactions Law of 2005 has established a legal framework for electronic transactions, fostering their development and creating a crucial foundation for advancing the digital society. However, there are still many provisions not in line with the current developmental realities, requiring amendments for further improvement. It is hoped that the revised Electronic Transactions Law will address the remaining issues.
Also, within the system of legal normative documents, readers can explore additional laws such as Mineral Law, Economic Law, Forestry Law, etc., to gain more knowledge and understanding of the legal landscape.
