Time and place of sending a data message in Vietnam

Time and place of sending a data message in Vietnam (Internet image)

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

1. Originator of a data message in Vietnam

Article 16 of the Law on Electronic Transactions 2005 stipulates the originator of a data message as follows:

- The originator of a data message shall be an agency, organization or individual that creates or sends the data message before such message is stored, excluding any intermediary transmitting the data message.

- Where 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 the originator if it is sent by the originator or by an information system established to operate automatically which is designated by the originator;

+ The recipient may consider a data message as being that of the originator if the recipient has applied the verification methods approved by the originator and such methods give the result that such data message is of the originator;

+ As from the time the recipient becomes aware of technical errors in the transmission of a data message or has applied error-detecting methods approved by the originator, the provisions of Points a and b of this Clause shall not apply.

- The originator shall take responsibility before law for the contents of the data message the originator has originated.

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

Time and place of sending a data message according to Article 17 of the Law on Electronic Transactions 2005 are as follows:

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

- The time of sending a data message is the point of time when such data message enters an information system outside the control of the originator;

- The place of sending a data message is the headquarters of the originator if the originator is an agency or organization or the residence of the originator if the originator is an individual.

If the originator has more than one headquarters, the place of sending the data message is the one which has the closest relationship with the transaction.

3. Time and place of receiving a data message in Vietnam

Time and place of receiving a data message according to Article 19 of the Law on Electronic Transactions 2005 are as follows:

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

- If the recipient has designated an information system for receiving a data message, the message-receiving time shall be the time when the data message enters the designated information system;

If the recipient has not designated a specific information system for receiving the data message, the message-receiving time shall be the time when the data message enters any information system of the recipient.

- The place of receiving a data message shall be the headquarters of the recipient if the recipient is an organization or the permanent residence of the recipient if the recipient is an individual.

If the recipient has more than one headquarters, the place of receiving the data message shall be the headquarters which has the closest relationship with the transaction.

4. Receipt of a data message in Vietnam

According to Article 18 of the Law on Electronic Transactions 2005, the receipt of data messages is as follows:

- The recipient of a data message is the person who is designated to receive the data message from its originator but does not mean any intermediary transmitting such data message.

- Unless otherwise agreed upon by the parties to the transaction, the receipt of a data message is provided for as follows:

+ The recipient of a data message is deemed in receipt of such message if the message is entered into an information system designated by the recipient and accessible;

+ The recipient has the right to consider each data message received an independent one unless such data message is a copy of another data message and the recipient knows or ought to know that it is a copy;

+ Where the originator has required or agreed with the recipient before or during the sending of a data message that the recipient must send an acknowledgement of the receipt of such data message, the recipient must comply with such request or agreement;

+ Where the originator, before or during the sending of a data message, has stated that such data message will be valid only when the originator receives an acknowledgement, such data message shall be considered having not been sent till the originator receives a written acknowledgement of the receipt of such data message from the recipient;

+ Where the originator has already sent a data message without stating that the recipient must send an acknowledgement and has not yet received the acknowledgement, the originator may notify the recipient that no acknowledgement has been received and set a reasonable duration for the recipient to send the acknowledgement.

If the originator still fails to receive any acknowledgement within the specified duration, the originator has the right to treat the data message as though it had never been sent.

Quoc Dat

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