If the originator has more than one headquarters in Vietnam, how to determine the place of sending the data message?
- Vietnam: May the recipient consider a data message as being that of the originator if the recipient has applied the verification methods approved by the originator?
- If the originator has more than one headquarters in Vietnam, how to determine the place of sending the data message?
- What are the regulations on the time and place of receiving a data message in Vietnam?
Vietnam: May the recipient consider a data message as being that of the originator if the recipient has applied the verification methods approved by the originator?
The originator of a data message is specified in Article 16 of the Law on E-Transactions 2005:
Originator of a data message
1. The originator of a data message shall be an agency, organization or individual that creates or sends the data message before such message is stored, excluding any intermediary transmitting the data message.
2. Where parties to a transaction do not agree otherwise, the identification of the originator of a data message shall be as follows:
a) A data message is considered as that of the originator if it is sent by the originator or by an information system established to operate automatically which is designated by the originator;
b) The recipient may consider a data message as being that of the originator if the recipient has applied the verification methods approved by the originator and such methods give the result that such data message is of the originator;
c) As from the time the recipient becomes aware of technical errors in the transmission of a data message or has applied error-detecting methods approved by the originator, the provisions of Points a and b of this Clause shall not apply.
3. The originator shall take responsibility before law for the contents of the data message the originator has originated.
Where parties to a transaction do not agree otherwise, the identification of the originator of a data message shall be as follows:
- A data message is considered as that of the originator if it is sent by the originator or by an information system established to operate automatically which is designated by the originator;
- The recipient may consider a data message as being that of the originator if the recipient has applied the verification methods approved by the originator and such methods give the result that such data message is of the originator;
Note: As from the time the recipient becomes aware of technical errors in the transmission of a data message or has applied error-detecting methods approved by the originator, the provisions above shall not apply.
Therefore, where parties to a transaction do not agree otherwise, the recipient may consider a data message as being that of the originator if the recipient has applied the verification methods approved by the originator and such methods give the result that such data message is of the originator
If the originator has more than one headquarters in Vietnam, how to determine the place of sending the data message? (Image from the Internet)
If the originator has more than one headquarters in Vietnam, how to determine the place of sending the data message?
Pursuant to Article 17 of the Law on E-Transactions 2005 on time and place of sending a data message:
Time and place of sending a data message
Unless otherwise agreed upon by the parties to a transaction, the time and place of sending a data message is provided for as follows:
1. The time of sending a data message is the point of time when such data message enters an information system outside the control of the originator;
2. The place of sending a data message is the headquarters of the originator if the originator is an agency or organization or the residence of the originator if the originator is an individual. If the originator has more than one headquarters, the place of sending the data message is the one which has the closest relationship with the transaction.
Therefore, where parties to a transaction do not agree otherwise and the originator has more than one headquarters, the place of sending the data message is the one which has the closest relationship with the transaction.
What are the regulations on the time and place of receiving a data message in Vietnam?
Pursuant to Article 19 of the Law on E-Transactions 2005 on time and place of receiving a data message:
Time and place of receiving a data message
Unless otherwise agreed upon by the parties to the transaction, the time and place of receiving a data message are provided for as follows:
1. If the recipient has designated an information system for receiving a data message, the message-receiving time shall be the time when the data message enters the designated information system; if the recipient has not designated a specific information system for receiving the data message, the message-receiving time shall be the time when the data message enters any information system of the recipient.
2. The place of receiving a data message shall be the headquarters of the recipient if the recipient is an organization or the permanent residence of the recipient if the recipient is an individual. If the recipient has more than one headquarters, the place of receiving the data message shall be the headquarters which has the closest relationship with the transaction.
Therefore, unless otherwise agreed upon by the parties to the transaction, the time and place of receiving a data message are provided for as follows:
- If the recipient has designated an information system for receiving a data message, the message-receiving time shall be the time when the data message enters the designated information system;
If the recipient has not designated a specific information system for receiving the data message, the message-receiving time shall be the time when the data message enters any information system of the recipient.
- The place of receiving a data message shall be the headquarters of the recipient if the recipient is an organization or the permanent residence of the recipient if the recipient is an individual.
If the recipient has more than one headquarters, the place of receiving the data message shall be the headquarters which has the closest relationship with the transaction.
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