Conditions for data messages being as valid as originals in Vietnam as of July 1, 2024

What are the conditions for data messages being as valid as originals in Vietnam as of July 1, 2024? - Hoang Hai (Phu Tho)

Conditions for data messages being as valid as originals in Vietnam as of July 1, 2024

Pursuant to Article 10 of the Law on Electronic Transactions 2023 (taking effect on July 1, 2024), a data message shall be used and be as valid as its original if:

- There exists an assurance as to the integrity of the information contained in the data message from the time it is first generated in its final form; and

The information contained in the data message is assessed as integrity if it has remained complete and unaltered, apart from the addition of any change which arises in the normal course of communication, storage or display; and

- Information contained in the data message is accessible and usable in its final form.

Conditions for data messages being as valid as originals in Vietnam as of July 1, 2024

Conditions for data messages being as valid as originals in Vietnam as of July 1, 2024 (Internet image) 

Regulations on conversion between printed documents and data messages in Vietnam

Pursuant to Article 12 of the Law on Electronic Transactions 2023, the conversion between printed documents and data messages in Vietnam is as follows:

(1) Requirements for conversion from a printed document to a data message:

- There exists an assurance as to the integrity of the information contained in the data message in comparison with that in the printed document; and

- Information contained in the data message is accessible and usable for reference;

- There is a special sign special signs of certifying the conversation from the printed document to the data message and information of the agency, organization or individual carrying out the conversion;

- If the printed document is a license, certificate, confirmation or another approval document issued by a competent authority or organization, the conversion requires a fulfillment of the requirements in points a, b and c of this Clause and a digital signature of the agency or organization carrying out the conversion, unless otherwise prescribed by law. Information system serving the conversion must be able to convert printed documents into data messages.

(2) Requirements for conversion from a data message to a printed document:

- There exists an assurance as to the integrity of the information contained in the printed document in comparison with that in the data message; and

- There is information to determine information system and governing body of the information system that generate, send, receive and store the original data message for searching;

- There is a special sign certifying the conversation from the data message to the printed document and information of the agency, organization or individual carrying out the conversion;

- If the data message is an electronic certificate, the conversion requires a fulfillment of the requirements in points a, b and c of this Clause and a signature and a stamp (if any) of the agency or organization carrying out the conversion in accordance with regulations of law. Information system serving the conversion must have the feature of conversion from data messages to printed documents.

Legal value of a converted document shall comply with regulations of relevant laws.

Form of storage of data messages in Vietnam

Pursuant to Article 13 of the Law on Electronic Transactions 2023, the form of data message storage is prescribed as follows:

- Where any law requires a document, record, dossier or information to be stored, the document, record, dossier or information may be stored in the form of a data message if the following requirements are satisfied:

= Information contained in the data message is accessible and usable for reference;

= Information contained in the data message is stored in the very format in which it is generated, sent or received, or in a format which can be demonstrated to represent accurately its contents;

= The data message is stored in a given manner to enable the identification of its origin, originator, addressee, date and time when it was sent or received.

- Unless otherwise prescribed by law, agencies, organizations or individuals may select to store their documents, records, dossiers and information in the form of printed documents or in the form of data messages if they meet the requirements in Clause 1 of Article 13 of the Law on Electronic Transactions 2023.

- Contents and time limits for storage of data messages shall comply with regulations of law on storage and other regulations of relevant laws. The storage of data messages is as valid as the storage of printed documents.

Mai Thanh Loi

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