Vietnam: Does the data message implicitly have evidentiary value without having to go through the authentication and verification process?
What is a data message in Vietnam?
Data message is defined as information created, sent, received and stored by electronic means according to Clause 12 Article 4 of the Law on Electronic Transactions in Vietnam 2005.
Vietnam: Does the data message implicitly have evidentiary value without having to go through the authentication and verification process?
What are the regulations on the evidentiary value of a data message in Vietnam?
Pursuant to Article 14 of the Law on Electronic Transactions in Vietnam 2005, the evidentiary value of the message is stipulated as follows:
Article 14. Data messages being as valid as evidence
1. A data message cannot be disclaimed in terms of its validity as evidence for the sole reason that it is a data message.
2. The validity as evidence of a data message shall be determined based on the reliability of the method by which the data message was generated, stored or communicated; the method to ensure and maintain the integrity of the data message; the method by which its originator was identified, and on other relevant factors.
Accordingly, the validity as evidence of a data message shall be determined based on the reliability of the method by which the data message was generated, stored or communicated; the method to ensure and maintain the integrity of the data message; the method by which its originator was identified, and on other relevant factors.
Does the data message implicitly have evidentiary value without having to go through the authentication and verification process in Vietnam?
According to the proposal in Article 12 of the Draft Law on Electronic Transactions in Vietnam (amended) Download, there is a mention of the evidential value of data messages as follows:
Valuable messages as evidence
1. A data message shall not be denied its value as evidence just because it is a data message.
2. Data messages may be used as evidence. The evidential value of a data message shall be determined on the basis of the reliability of the manner in which the data message is created, stored or transmitted; ways to ensure and maintain the integrity of data messages; how the originator is determined and other relevant factors.
3. Data messages with confidence levels of level 3 and level 4 implicitly have evidentiary value without having to undergo the process of authentication and verification.
The reliability level of the proposed data message is stipulated in Article 10 of the Draft Law on Electronic Transactions of Vietnam (amended) Download, specifically:
Legal validity of data messages
1. Information contained in a data message shall not be denied its legal validity simply because such information is expressed in the form of a data message. The legal validity of a data message is determined based on the reliability of the data message.
2. Confidence levels of data messages in order from low to high, including:
a/ Level 1: The data message does not contain information about the sender or creator and is unable to verify and authenticate the integrity of the data message;
b) Level 2: The data message has no information or has but is not authenticated about the sender or creator and the integrity of the data message is certified through at least one independent electronic means such as telephone or email;
c/ Level 3: A data message contains authenticated information about the sender or creator and the integrity of the data message is certified through at least one independent electronic means such as telephone or email; Data messages with assurances from individuals, organizations providing electronic infrastructure and means to certify the control of the integrity of information contained in data messages in the process from creation, sending and storage on the system shall be recognized as having a reliability level 3;
d/ Level 4: A data message containing authenticated information about the sender or creator and the safety of the data message certified by secure electronic authentication means provided by licensed certification service providers or competent state agencies as prescribed by law;
A data message signed with a digital signature issued by a lawful digital signature certification service-providing organization or authenticated and stored in the system of a lawful data message certification service-providing organization shall be recognized as having a trust level 4.
According to the above regulations, only data messages with reliability level 3 and level 4 can automatically have evidentiary value without having to undergo the process of authentication and verification, including the following data messages:
- A data message has authenticated information about the sender or creator and the integrity of the data message is authenticated through at least one independent electronic means such as telephone, email; Data messages have assurances from individuals, organizations providing electronic infrastructure and means in order to control the integrity of information contained in data messages in the process from the time of creation, sending and storage on the system;
- And the data message contains authenticated information about the sender or creator and the security of the data message authenticated by secure electronic authentication means provided by licensed certification service providers or competent state agencies as prescribed by law;
A data message shall be signed with a digital signature issued by a lawful digital signature certification service-providing organization or authenticated and stored in the system of a lawful data message certification service-providing organization.
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