Vietnam: What are the regulations on the time and place of sending and receiving electronic documents in entering into e-commerce contracts?
- How is the time and place of sending and receiving electronic documents in entering into e-commerce contracts regulated in Vietnam?
- What is the business location of the parties in entering into e-commerce contracts in Vietnam?
- How to use automatic information systems in entering into e-commerce contracts in Vietnam?
- When is it right to withdraw the part of the electronic document that has errors in entering into an e-commerce contract in Vietnam?
How is the time and place of sending and receiving electronic documents in entering into e-commerce contracts regulated in Vietnam?
Pursuant to Article 10 of Decree 52/2013/ND-CP stipulating the time and place of sending and receiving e-documents in entering into e-commerce contracts as follows:
- The time of sending an e-document is the time that e-document leaves the information system under the control of the originator or his/her representative. In case the e-document does not leave the information system under the control of the originator or his/her representative, the sending time is the time of receiving the e-document.
- Unless otherwise agreed by the parties, the time of receiving an e-document is the time that e-document reaches the accessible e-address indicated by the recipient.
- The place of business of the originator is regarded as the place of sending e-documents and the place of business of the recipient is regarded as the place of receiving e-documents.
Vietnam: What are the regulations on the time and place of sending and receiving electronic documents in entering into e-commerce contracts?
What is the business location of the parties in entering into e-commerce contracts in Vietnam?
Pursuant to Article 11 of Decree 52/2013/ND-CP stipulating the business locations of the parties in entering into e-commerce contracts as follows:
- The place of business of each party is the place indicated by that party, unless the other party states that it has no place of business at this location.
- If one party has more than one place of business but does not indicate any place of business, the place of business is the one having the closest relationship with the related contract and in light all circumstances before and at the time of conclusion of the contract.
- For an individual having no place of business, the place of business is the place of permanent residence registration of that individual.
- A place where only machinery and technological equipment of the information system used by one party for conclusion of the contract are located or a place only from which the other parties may access that information system is not regarded as a place of business.
- A place name associated with the domain name or e-mail address of a party is not necessarily related to the place of business of such party.
How to use automatic information systems in entering into e-commerce contracts in Vietnam?
Pursuant to Article 13 of Decree 52/2013/ND-CP stipulating the use of automatic information systems in entering into e-commerce contracts as follows:
A contract that is concluded from the interaction between an automatic information system with a person or between automatic information systems cannot be denied its legal validity on the ground of no human check or intervention in each specific action performed by the automatic information system or in the conclusion of the contract.
When is it right to withdraw the part of the electronic document that has errors in entering into an e-commerce contract in Vietnam?
Pursuant to Clause 1, Article 14 of Decree 52/2013/ND-CP stipulates the conditions for the right to withdraw the part of electronic documents with errors in entering into e-commerce contracts as follows:
Article 14. Information entry errors in e-documents
1. When a person makes an error in information entry in an e-document used for communication with the automatic information system of another party but this automatic information system does not support that person to correct the error, that person or the trader, organization or individual that person represents may withdraw the erroneous part of the e-document if meeting the two following conditions:
a/ As soon as being aware of the error, that person or the trader, organization or individual that person represents notifies the other party of the error, clearly stating that he/she has made an error in this e-document;
b/ That person or the trader, organization or individual that person represents has not used, or has not obtained any material benefit or value from, the goods or services received from the other party.
2. The right to withdraw the erroneous part of an e-document does not affect the responsibility to deal with the consequences of arising errors not prescribed in Clause 1 of this Article.
Thus, according to the above provisions, withdraw the part of electronic documents with errors in entering into e-commerce contracts if the following two conditions are met:
- As soon as an error is known, that person or the trader, organization or individual on whose behalf he or she notifies the other party of the error and clearly states that the error has been made in this electronic document;
- That person or the trader, organization or individual he or she represents has not yet used or obtained any material or valuable benefits from goods or services received from the other party.
LawNet
