Vietnam: What is data message? What are the formats of data messages?
What is data message? What are the formats of data messages in Vietnam?
According to Clause 4, Article 3 of the Law on Electronic Transactions 2023, regulations on data messages are as follows:
Definitions
For the purposes of this Law, the terms below shall be construed as follows:
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4. “data message" means information generated, sent, received or stored by electronic means.
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In addition, Article 7 of the Law on Electronic Transactions 2023 regulates the formats of data messages.
Formats of data messages
1. Data messages may be shown in the form of electronic documents, electronic certificates, electronic records, electronic contracts, e-mails, telegrams, telegraphs, facsimiles and other electronic data interchange (EDI) forms according to regulations of law.
2. Data messages are created and generated during the transactions or converted from printed documents.
Through the above provisions, “data message" means information generated, sent, received or stored by electronic means.
In particular, data messages may be shown in the form of:
- electronic documents.
- electronic certificates.
- electronic records.
- electronic contracts.
- e-mails, telegrams, telegraphs, facsimiles
- other electronic data interchange (EDI) forms according to regulations of law..
What is data message? What are the formats of data messages in Vietnam?
Vietnam: Will data messages be as valid as originals?
Pursuant to Article 10 of the Law on Electronic Transactions 2023, there are provisions as follows:
Data messages being as valid as originals
A data message shall be used and be as valid as its original if:
1. There exists an assurance as to the integrity of the information contained in the data message from the time it is first generated in its final form; and
The information contained in the data message is assessed as integrity if it has remained complete and unaltered, apart from the addition of any change which arises in the normal course of communication, storage or display; and
2. Information contained in the data message is accessible and usable in its final form.
Thus, based on the above basis, a data message shall be used and be as valid as its original if:
- There exists an assurance as to the integrity of the information contained in the data message from the time it is first generated in its final form; and
- The information contained in the data message is assessed as integrity if it has remained complete and unaltered, apart from the addition of any change which arises in the normal course of communication, storage or display;
What is storage of data messages in Vietnam?
According to Article 13 of the Law on Electronic Transactions 2023, regulations on the storage of data messages are as follows:
Storage of data messages
1. Where any law requires a document, record, dossier or information to be stored, the document, record, dossier or information may be stored in the form of a data message if the following requirements are satisfied:
a) Information contained in the data message is accessible and usable for reference;
b) Information contained in the data message is stored in the very format in which it is generated, sent or received, or in a format which can be demonstrated to represent accurately its contents;
c) The data message is stored in a given manner to enable the identification of its origin, originator, addressee, date and time when it was sent or received.
2. Unless otherwise prescribed by law, agencies, organizations or individuals may select to store their documents, records, dossiers and information in the form of printed documents or in the form of data messages if they meet the requirements in Clause 1 of this Article.
3. Contents and time limits for storage of data messages shall comply with regulations of law on storage and other regulations of relevant laws. The storage of data messages is as valid as the storage of printed documents.
Through the above regulations, where any law requires a document, record, dossier or information to be stored, the document, record, dossier or information may be stored in the form of a data message if the following requirements are satisfied:
- Information contained in the data message is accessible and usable for reference;
- Information contained in the data message is stored in the very format in which it is generated, sent or received, or in a format which can be demonstrated to represent accurately its contents;
- The data message is stored in a given manner to enable the identification of its origin, originator, addressee, date and time when it was sent or received.
Note: The regulations of the Law on Electronic Transactions 2023 apply from July 1, 2024.
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