05 notable points on e-transactions in Vietnam

05 notable points on e-transactions in Vietnam (Internet image) 

1. What is E-Transaction?

According to Clause 6, Article 4 of the Law on E-Transactions 2005, An e-transaction means a transaction implemented by electronic means.

In which, electronic means is a means that operates based on electric, electronic, digital, magnetic, wireless, optical, electro-magnetic technologies or similar technologies.

(Clause 10, Article 4 of the Law on E-Transactions 2005)

2. General principles in e-transactions in Vietnam

Specifically, in Article 5 of the Law on E-Transactions 2005, general principles in e-transactions in Vietnam include

- To voluntarily select electronic means for transactions.

- To mutually agree on the selection of type of technology for e-transactions.

- No technology shall be considered the sole one in e-transactions.

- To ensure equality and security in e-transactions.

- To protect lawful rights and interests of agencies, organizations, individuals, interests of the State and public interests.

- E-transactions of State agencies must comply with the principles stipulated in Article 40 of Law on E-Transactions 2005.

3. Contents of the state management of e-transaction activities in Vietnam

According to Article 7 of the Law on E-Transactions 2005, contents of the state management of e-transaction activities include

- To issue and organize the implementation of strategies, plannings, plans and policies for developing and applying e-transactions in the socio-economic, defense and security domains.

- To promulgate, propagate and implement legal documents on e-transactions.

- To promulgate and recognize e-transaction standards.

- To manage organizations providing services related to e-transactions.

- To manage the development of technological infrastructure for e-transaction activities.

- To organize and manage the training, fostering and building of the contingent of personnel and experts in the e-transaction domain.

- To inspect and supervise the implementation of law on e-transactions; to settle complaints and denunciations, to handle acts of violating Law on E-Transactions 2005.

- To manage and carry out activities of international cooperation on e-transactions.

4. Policies on development and application of e-transactions in Vietnam

According to Article 6 of the Law on E-Transactions 2005, the policies on development and application of e-transactions include:

- To give priority to the development of technological infrastructure and training of human resources related to e-transactions.

- To encourage agencies, organizations and individuals to invest in and apply e-transactions in accordance with the provisions of this Law.

- To support e-transactions in public services.

- To step up the implementation of e-commerce, transactions by electronic means and computerization of the state bodies’ operations.

5. Prohibited acts in e-transactions in Vietnam

Prohibited acts in e-transactions include:

- Obstructing the selection of the use of e-transactions.

- Illegally obstructing or preventing the process of transmitting, sending and receiving data messages.

- Illegally modifying, deleting, canceling, counterfeiting, copying, disclosing, displaying or moving part or whole of a data massage.

- Creating or disseminating software programs that trouble, change or destroy operating system or committing other acts to destroy the technological infrastructure on e-transactions.

- Creating data messages in order to commit illegal acts.

- Tricking, wrongly identifying, appropriating or illegally using e-signatures of others.

(Article 9 of Law on E-Transactions 2005)

Thanh Rin

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