Conditions for data messages being as valid as original copy in Vietnam

Conditions for data messages being as valid as original copy in Vietnam (Internet image)

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

1. Conditions for data messages being as valid as original copy in Vietnam

Pursuant to Article 13 of the Law on E-Transactions 2005, a data message shall be as valid as an original copy when satisfying the following conditions:

- The contents of the data message are kept intact since its first origination in the form of a complete data message.

The contents of a data message are considered intact when they remain unchanged, except for changes in their appearance which arise in the process of sending, storing or displaying the data message.

- The contents of the data message are accessible and usable in its integrity for reference when necessary.

2. Regulations on storage of data messages in Vietnam

According to Article 15 of the Law on E-Transactions 2005, the storage of data messages is as follows:

- In cases where the law requires records, files or information to be stored, such records, files or information can be stored in the form of data messages when the following conditions are satisfied:

+ The information in the data message is accessible and usable for reference when necessary;

+ The contents of such data message are stored in the very format in which it was originated, sent or received, or in a format which can be demonstrated to represent accurately its contents;

+ Such data message is stored in a manner to enable the identification of its origin, destination, and the date and time when it was sent or received.

- Contents and time limit for storage of data message shall comply with the provisions of law on storage.

3. Regulations on originator of a data message in Vietnam

According to Article 16 of the Law on E-Transactions 2005, the originator of a data message is 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 Clause 2 shall not apply.

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

4. Regulations on receipt of a data message in Vietnam

Pursuant to Article 18 of the Law on E-Transactions 2005, regulations on receiving data messages include:

- 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.

Ho Quoc Tuan

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