The originators of data messages in Vietnam under the Law on Electronic Transactions 2023

The originators of data messages in Vietnam under the Law on Electronic Transactions 2023 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. The originators of data messages in Vietnam under the Law on Electronic Transactions 2023

Specifically, Article 14 of the Law on Electronic Transactions 2023 stipulates the originators of data messages as follows:

- An originator of a data message is an agency, organization or individual who generates or sends the data message before such message is stored, excluding any intermediary transmitting the data message.

- Where the parties to a transaction do not agree otherwise, the identification of the originator of a data message shall be as follows:

+ A data message is considered as that of an originator if it is sent by, or on behalf of, the originator, or by an information system which is programmed by the originator to operate automatically;

+ The addressee is entitled to regard a data message as being that of the originator if he/she has applied authentication methods approved by the originator for ascertaining whether the data message was that of the originator;

+ As from the time the addressee becomes aware of technical errors or receives a notice from the originator of the data message in the transmission of a data message or has applied, regulations in Point a and Point b of Clause 2 of Article 14 of the Law on Electronic Transactions 2023 shall not apply.

- If a party commits an error in inputting information via an automated information system and the system fails to provide an opportunity to correct the error to the party, the party is entitled to remove the entered information if the following requirements are met:

+ Originator who commits an error in the process of feeding information has sent a notification of his/her error to the relevant parties immediately after he/she becomes aware of the error;

+ Originator who commits an error in the process of feeding information has not used or received any benefits (if any) from the parties.

- The right to retrieve false information prescribed in Clause 3 of Article 14 of the Law on Electronic Transactions 2023 shall not affect the responsibility for settlement of consequences arising from errors in e-transactions according to other regulations of relevant laws.

- The originator shall be responsible before the law for the contents of the data message originated by himself/herself.

2. Time and place of dispatching a data message in Vietnam

Unless otherwise agreed upon by the parties to a transaction, the time and place of dispatching a data message is provided for as follows:

- The time of dispatching a data message is the point of time when such data message is delivered from an information system under the control of the originator or the originator’s representative. If the information system is outside the control of the originator or the originator’s representative, time of dispatching the data message is the point of time when such data message is entered into the information system;

- A data message, even if it is sent from any place, is deemed to be sent from the originator's place of business if the originator is an agency, organization or from the originator’s place of residence if the originator is an individual. Where the originator has more than one place of business, the data message shall be sent from the originator’s principal place of business or from the place of business that has the closest relationship with the transaction.

(Article 15 of the Law on Electronic Transactions 2023)

3. Regulations on receipt of data messages in Vietnam

Pursuant to Article 16 of the Law on Electronic Transactions 2023, regulations on receipt of data messages are as follows:

-  An addressee of a data message shall be an agency, organization, individual or its representative designated to receive the data message from an originator of the data message, excluding any intermediary transmitting the data message.

- Where the parties to a transaction do not agree otherwise, the receipt of a data message shall be as follows:

+ The addressee is considered to have had received the data message if the data message is entered into an information system designated by the addressee and it is accessible;

+ The addressee is entitled to regard each data message received as a separate data message, unless the data message is a duplicate of another data message of which the addressee knew or has to know that such data message was a duplicate;

+ On or before sending a data message, if the originator has requested or agreed with the addressee that receipt of the data message is to be acknowledged, the addressee shall abide by this request or agreement;

+ On or before sending a data message, if the originator has declared that such data message was only valuable when there is an acknowledgement, such data message is treated as though it has never been sent until the acknowledgement is received;

+ In case the originator had sent a data message but he/she has not declared that the addressee must resend an acknowledgement and he/she has not received any acknowledgement, except cases prescribed in Point a of Clause 2 of Article 16 of the Law on Electronic Transactions 2023:

The originator may give notice to the addressee stating that no acknowledgement has been received and specifying a reasonable time by which the acknowledgement must be received; if the acknowledgement is not received within the specified time, the originator is entitled to consider the data message unsent.

4. Time and place of receiving a data message

Unless otherwise agreed upon by the parties to a transaction, the time and place of receiving a data message is provided for as follows:

- If an addressee had designated an information system to receive a data message, the time of receipt is the point of time when such data message is entered into the designated information system and the data message is accessible; if the originator had not designated an information system to receive the data message, the time of receipt is the point of time when such data message is entered into any information system of the originator and the data message is accessible;

- A data message, even if it is received from any place, is deemed to be received from the addressee's place of business if the addressee is an agency, organization or from the addressee’s place of residence if the addressee is an individual. Where the addressee has more than one place of business, the data message shall be sent from the addressee’s principal place of business or from the place of business that has the closest relationship with the transaction.

(Article 17 of the Law on Electronic Transactions 2023)

More details can be found in the Law on Electronic Transactions 2023, taking effect on July 1, 2024, replacing the Law on Electronic Transactions 2005, except for the cases specified in Article 53 of the Law on Electronic Transactions 2023.

Ho Quoc Tuan

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