08 prohibited acts in e-transactions from July 1st, 2024 in Vietnam

08 prohibited acts in e-transactions from July 1st, 2024 in Vietnam

Pursuant to Article 6 of the Law on Electronic Transactions in 2023 stipulating 08 prohibited acts in e-transactions in Vietnam:

1. Taking advantage of e-transactions to commit offences against the national interests, national security, social order and safety, public interests, legal rights and interests of agencies, organizations and individuals.

2. Illegally obstructing or preventing the process of generating, sending, receiving and storing data messages or committing other acts to destroy information systems serving e-transactions.

3. Illegally collecting, providing, using, disclosing, displaying, spreading, trading data messages.

4. Counterfeiting, falsifying, or illegally deleting, canceling, copying, moving the part or whole of a data message.

5. Creating data messages in order to commit illegal acts.

6. Cheating, counterfeiting, appropriating or illegally using e-transaction accounts, electronic certificates, electronic signature certificates, and electronic signatures.

7. Obstructing the selection of carrying out e-transactions.

8. Committing other prohibited acts in accordance with regulations of law.

08 prohibited acts in e-transactions from July 1st, 2024 in Vietnam - image from internet

In which cases shall information contained in an e-certificate in Vietnam have legal value?

Pursuant to Article 19 of the Law on Electronic Transactions in 2023 stipulating legal value of e-certificates:

Legal value of e-certificates

1. Information contained in an e-certificate shall have legal value if:

a) The e-certificate is signed by a digital signature of an issuing agency or organization according to regulations herein;

b) Information contained in the e-certificate is accessible and intelligible so as to be usable in its final form.

c) If any law requires a determination of time related to the e-certificate, the e-certificate shall contain a timestamp.

2. An e-certificate issued by a foreign competent agency or organization, in order to be recognized and used in Vietnam, must be granted consular legalization, unless the consular legalization is exempted according to regulations of Vietnamese law.

As regulated above, information contained in an e-certificate shall have legal value if:

- The e-certificate is signed by a digital signature of an issuing agency or organization according to regulations herein;

- Information contained in the e-certificate is accessible and intelligible so as to be usable in its final form.

- If any law requires a determination of time related to the e-certificate, the e-certificate shall contain a timestamp.

What are requirements for transfer of e-certificates in Vietnam?

Pursuant to Article 20 of the Law on Electronic Transactions in 2023 stipulating requirements for transfer of e-certificates in Vietnam:

Transfer of e-certificates

1. Where permission has been given by law for the transfer of ownership of an e-certificate to take place, the following requirements must be met:

a) The e-certificate clearly indicates the owner and that such owner has the sole control over the e-certificate; b) Requirements in Article 10 of this Law must be met;

c) The information system serving the transfer of the e-certificate must satisfy at least information security level 3 requirements according to regulations of law on information security;

d) Other regulations of relevant laws shall be applied.

2. Where any law requires or permits the conversion from printed documents to e-certificates for documents that are permitted by law to have their ownership transferred and may only exist in one form, the printed documents shall immediately lose their legal value when the conversion is completed and requirements prescribed in Point d Clause 1 Article 12 of this Law are met.

3. Where any law requires or permits the conversion from e-certificates to printed documents for e-certificates that are permitted by law to have their ownership transferred and may only exist in one form, the e-certificates shall immediately lose their legal value when the conversion is completed and requirements prescribed in Point d Clause 2 Article 12 of this Law are met.

As regulated above, where permission has been given by law for the transfer of ownership of an e-certificate to take place, the following requirements must be met:

- The e-certificate clearly indicates the owner and that such owner has the sole control over the e-certificate;

- 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

Information contained in the data message is accessible and usable in its final form.

- The information system serving the transfer of the e-certificate must satisfy at least information security level 3 requirements according to regulations of law on information security;

- Other regulations of relevant laws shall be applied.