New: Ministry of Information and Communications of Vietnam's proposal on amendments to the Law on Electronic Transactions of 2005

New: Ministry of Information and Communications of Vietnam's proposal on amendments to the Law on Electronic Transactions of 2005 (Illustrative image)

To be specific, in Proposal for the Development of the Law Amending and Supplementing the Law on Electronic Transactions, the Ministry of Information and Communications of Vietnam stated that the 2005 Law on Electronic Transactions has played an important role, providing a legal basis to promote electronic transactions, enhance information technology applications, contributing to the improvement of socio-economic development efficiency, and administrative reform over the past nearly 15 years in Vietnam.

With the aim of developing the Law on Electronic Transactions in the direction of expanding the scope and subjects to be regulated to match the development of Industry 4.0 and the digital economy, while specifying legal mechanisms and conforming to international treaties related to free trade to which Vietnam is a member to facilitate the development and protect the legal rights and interests of the parties involved in electronic transactions, Draft Law Amending and Supplementing the Law on Electronic Transactions will amend and supplement a number of articles of the 2005 Law on Electronic Transactions as follows:

1. Amend Article 1 to remove the exclusion: "The provisions of this Law do not apply to the issuance of certificates of land use rights, house ownership and other real estate, inheritance documents, marriage registration certificates, divorce decisions, birth certificates, death certificates, bills of exchange, and other valuable papers."

2. Amend and supplement Article 4 with some terms: electronic identification, electronic authentication, trust service, safe data messages, secure electronic signatures, ...

3. Add regulations on prohibited acts related to: electronic identification and authentication, trust services, electronic transactions between state agencies, and electronic transactions between state agencies and agencies, organizations, individuals.

4. Amend the Ministry of Information and Communications of Vietnam to be the agency responsible before the Government of Vietnam for leading and coordinating with relevant ministries and central authorities to carry out state management of electronic transaction activities.

5. Add a new form of data message: electronic documents, ...

6. Add regulations on safe data messages.

7. Amend regulations on the place of sending, place of receiving data messages to avoid misunderstanding that sending and receiving data messages must be at the place of residence or headquarters.

8. Add regulations on converting paper documents to electronic documents: conversion method, conditions for electronic documents after conversion, value of electronic documents after conversion from paper documents.

9. Add regulations on converting electronic documents to paper documents: conversion method, confirming organization, conditions for paper documents converted from electronic documents, legal value of paper documents after conversion from electronic documents.

10. Add regulations on secure electronic signatures.

11. Add regulations on electronic identification, electronic authentication, trust services, and trust service providers. Specifically:

- Principles of electronic identification and authentication;

- Legal value of electronic identities;

- Information for electronic identification;

- Assurance levels of electronic identities;

- Elements of electronic authentication;

- Assurance levels of electronic authentication;

- Electronic identification and authentication services;

- Trust services and trust service providers: Add legal responsibilities and obligations of proof; Monitoring agency; Information security requirements for trust service providers.

12. Add regulations on electronic contract conclusion.

13. Add regulations on the validity of electronic contracts.

14. Add regulations on electronic transactions between state agencies:

- Add legal value of shared data;

- Add general principles for data management, connection, and sharing;

- Add implementation of data connection and sharing;

- Add requirements in data management, connection, and sharing.

Thus, based on the directives for the development of the Law Project in the Proposal for the Development of the Law Amending and Supplementing the Law on Electronic Transactions, the Law on Electronic Transactions will be developed, inheriting selectively the still-relevant provisions of the Law on Electronic Transactions and the guiding documents, while amending and supplementing new contents to meet the general global standards and the specific development requirements of Industry 4.0 and the digital economy. Furthermore, the Law on Electronic Transactions will clearly regulate the specific nature of electronic transactions consistent with the major orientations of the Communist Party in Resolution 52-NQ/TW.

Customers and Members can view the Draft HERE.

Ty Na

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