From July 1, 2024, who will issue e-transaction accounts in Vietnam? What are the cases in which the transaction history of an e-transaction account shall have legal value?
Who will issue e-transaction accounts in Vietnam? What are the cases in which the transaction history of an e-transaction account shall have legal value?
Under the provisions of Article 46 of the Law on Electronic Transactions 2023:
E-transaction account
1. E-transaction accounts shall be issued by administrators of information systems serving e-transactions and managed and used in accordance with this Law.
2. An e-transaction account shall be used to conduct an electronic transaction, in order to store its transaction history and ensure the correct transaction order of the account holder, which is valid for proving the transaction history of the parties as prescribed in Clause 4 of this Article.
3. Agencies, organizations and individuals have the right to choose to use e-transaction accounts in accordance with their needs, unless otherwise provided for by law.
4. The transaction history of an e-transaction account shall have legal value for proving the transaction if the following requirements are met:
a) The information system serving the e-transaction must ensure its safety in accordance with the law on information security;
b) The transaction history must be uniquely attached with an agency, organization or individual that is the holder of the e-transaction account.
c) The transaction time must be accurate according to regulation of law on national standard time source.
Thus, e-transaction accounts shall be issued by administrators of information systems serving e-transactions.
The transaction history of an e-transaction account shall have legal value for proving the transaction if the following requirements are met:
(1) The information system serving the e-transaction must ensure its safety in accordance with the law on information security;
(2) The transaction history must be uniquely attached with an agency, organization or individual that is the holder of the e-transaction account.
(3) The transaction time must be accurate according to the regulation of law on national standard time source.
What are the prohibited acts in e-transactions in Vietnam?
Under the provisions of Article 6 of the Law on Electronic Transactions 2023:
Prohibited acts in e-transactions
1. Taking advantage of e-transactions to commit offences against the national interests, national security, social order and safety, public interests, legal rights and interests of agencies, organizations and individuals.
2. Illegally obstructing or preventing the process of generating, sending, receiving and storing data messages or committing other acts to destroy information systems serving e-transactions.
3. Illegally collecting, providing, using, disclosing, displaying, spreading, trading data messages.
4. Counterfeiting, falsifying, or illegally deleting, canceling, copying, moving the part or whole of a data message.
5. Creating data messages in order to commit illegal acts.
6. Cheating, counterfeiting, appropriating or illegally using e-transaction accounts, electronic certificates, electronic signature certificates, and electronic signatures.
7. Obstructing the selection of carrying out e-transactions.
8. Committing other prohibited acts in accordance with regulations of law.
Thus, there are 08 prohibited acts in e-transactions in Vietnam, including:
- Taking advantage of e-transactions to commit offences against the national interests, national security, social order and safety, public interests, legal rights and interests of agencies, organizations and individuals.
- Illegally obstructing or preventing the process of generating, sending, receiving and storing data messages or committing other acts to destroy information systems serving e-transactions.
- Illegally collecting, providing, using, disclosing, displaying, spreading, trading data messages.
- Counterfeiting, falsifying, or illegally deleting, canceling, copying, moving the part or whole of a data message.
- Creating data messages in order to commit illegal acts.
- Cheating, counterfeiting, appropriating or illegally using e-transaction accounts, electronic certificates, electronic signature certificates, and electronic signatures.
- Obstructing the selection of carrying out e-transactions.
- Committing other prohibited acts in accordance with regulations of law.
What are the newest contents of state management of e-transactions in Vietnam?
According to Article 49 of the Law on Electronic Transactions 2023, the contents of state management of e-transactions in Vietnam are as follows:
- Elaborating, promulgating and organizing implementation of strategies, plans and policies for the development of e-transactions; legislative documents on e-transactions; technical standards, regulations, technical requirements, economic-technical norms, quality of products and services in e-transactions.
- Managing the reporting, measurement and statistics of e-transactions; managing the security supervision of information systems serving e-transactions of administrators of information systems.
- Managing trust services.
- Managing and organizing the construction, exploitation and development of national electronic authentication infrastructure; the issuance and revocation of digital signature certificates.
- Stipulating the interconnection between systems providing public digital signature services and civil service digital signature services.
- Disseminating policies and laws in e-transactions.
- Managing the training, refresher training and development of human resources and experts in e-transactions.
- Inspecting, examining, settling complaints, denunciations and handling violations of the law on e-transactions.
- International cooperation on electronic transactions.
The Law on Electronic Transactions 2023 will come into force on July 1, 2024.
Thư Viện Pháp Luật