What are the requirements for use of electronic contracts by a transport business in Vietnam?

Hello, Lawnet would like to answer as follows:

1. What is e-contract?

According to Article 33 of the Law on E-Transactions 2005, e-contracts mean contracts established in the form of data messages provided for in the Law on E-Transactions 2005.

*Regulations on entry into e-contracts

According to Article 36 of the Law on E-Transactions 2005, the entry into e-contracts is as follows:

- Entry into e-contracts means the use of data messages to execute part or whole of transactions in the process of entering into contracts.

- In the process of entering into contracts, unless otherwise agreed upon by concerned parties, an offer to enter into a contract and acceptance of the offer to enter into the contract may be carried out through data messages.

*Principles of entry into and execution of e-contracts

Principles of entry into and execution of e-contracts under Article 35 of the Law on E-Transactions 2005 are as follows:

- Participating parties shall have the right to reach agreement on the use of electronic means in the entry into and execution of contracts.

- The entry into and execution of an e-contract shall comply with the provisions of the Law on E-Transactions 2005 and law on contracts.

- When entering into and executing e-contracts, the parties shall have the right to reach agreement on technical requirements, certification, conditions to ensure integrity and confidentiality related to such e-contracts.

Thus, the transport business using the form of entering into an electronic contract needs to comply with the regulations and principles of concluding and performing the electronic contract in accordance with the above provisions.

2. What are the requirements for use of electronic contracts by a transport business in Vietnam?

According to the provisions of Article 16 of Decree 10/2020/ND-CP, the transport business unit using the form of entering into an electronic contract needs to ensure the following requirements:

*For use of electronic contracts by a transport business

- The interface of the software provided for the client or renter must show its full name or logo, the emergency phone number and the basic information as follows:

+ Information on the contracting transport business, including its name, address, phone number, tax identification number and the representative signing the contract;

+ Information on the driver, including full name and phone number;

+ Information on the passengers or automobile renter (organization or individual), including name, phone number and tax identification (if any);

+ Information on the automobile, including its registration plate number and payload;

+ Information on contract execution, including start and end of the contract (date and time); addresses of first stop, last stop, pick-up points and drop-off points (or loading and unloading points) on the journey; journey’s length (km); and number of passengers (or weight of cargo);

+ Information on the contract’s value and payment method;

+ Regulations on responsibilities of contract parties for contract execution, which specifies fulfillment of tax obligations to the state; rights and obligations of the transporting party, passengers or the renter; phone number for receipt and settlement of complaints and denunciations from passengers; commitment to contract execution and indemnity paid to the renter and/or passengers.

- The electronic invoice of each trip must be sent to the account that the client or renter uses to conclude the contract and information on this invoice must be sent to the tax authority according to regulations from the Minister of Finance;

+ Electronic contracts shall be retained for at least 03 years.

*For drivers of commercial automobiles working under electronic contracts

When transporting passengers, besides bringing the documents required by the Law on Road Traffic, drivers must:

- Bring the physical transport contract signed by the passenger automobile rental business; (1)

- Bring the passenger list bearing a mark of confirmation from the passenger automobile rental business; (2)

- If the electronic contract is used, the driver must be equipped with a device capable of accessing the contract and enclosed passenger list provided by the passenger automobile rental business; (3)

Note: Drivers serving funerals and weddings are exempt from the regulations in (1), (2) and (3).

- When transporting tourists, drivers shall bring the documents required by the Law on Road Traffic and comply with the regulations in (1), (2) and (3).

- They shall provide information in electronic contracts for competent authorities upon request.

*For renters and passengers entering into electronic contracts

- They shall use devices capable of showing the full contents of electronic contracts;

- They shall abide by regulations of laws when concluding electronic contracts with transport businesses.

Best regards!

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