Prohibited acts in electronic transactions in Vietnam as of July 1, 2024

What is electronic transaction?

Pursuant to the Law on Electronic Transactions 2023, electronic transaction (e-transaction)” means a transaction which is conducted using electronic means. Electronic means includes hardware, software, information system, or other means designed using information technology, electrical technology, electronic technology, digital technology, magnetic technology, wireless transmission technology, optical technology, electromagnetic technology or other similar technologies.

Agencies, organizations and individuals shall comply with regulations of law on e-transactions, law on information security, law on cybersecurity and other regulations of relevant laws upon carrying out e-transactions.

If information of a data message is a state secret, regulations of law on protection of state secret Commit violations against provisions of law on cipher shall be applied.

Prohibited acts in electronic transactions in Vietnam as of July 1, 2024 (Internet image)

 E-transaction development policy in Vietnam

Pursuant to Article 4 of the Law on Electronic Transactions 2023, regulations on e-transaction development policy are as follows:

- Protect the interests of the State, interests of the community, legal rights and interests of agencies, organizations and individuals.

- Ensure that the selection of e-transactions is voluntary; and the parties agree on which types of technology, electronic means, electronic signatures, other forms of authentication by electronic means will be used to conduct e-transactions, unless otherwise provided for by law.

- Develop e-transactions in all aspects to ensure completion of all stages of the procedure by electronic means and promote digital transformation; optimize the procedure, thereby shortening time for processing and being more convenient in comparison with other transaction methods.

- Synchronously apply regulations and measures to encourage, give incentives and facilitate the development of e-transactions; take priority over investment in developing technology infrastructure, developing and applying new technologies, training human resources for e-transactions, especially in mountainous areas, border areas, islands, ethnic minority areas, areas with difficult socio-economic conditions and areas with extremely difficult socio-economic conditions.

Prohibited acts in e-transactions in Vietnam

Pursuant to Article 6 of the Law on Electronic Transactions 2023, prohibited acts in e-transactions include:

- Taking advantage of e-transactions to commit offences against the national interests, national security, social order and safety, public interests, legal rights and interests of agencies, organizations and individuals.

- Illegally obstructing or preventing the process of generating, sending, receiving and storing data messages or committing other acts to destroy information systems serving e-transactions.

- Illegally collecting, providing, using, disclosing, displaying, spreading, trading data messages.

- Counterfeiting, falsifying, or illegally deleting, canceling, copying, moving the part or whole of a data message.

- Creating data messages in order to commit illegal acts.

- Cheating, counterfeiting, appropriating or illegally using e-transaction accounts, electronic certificates, electronic signature certificates, and electronic signatures.

- Obstructing the selection of carrying out e-transactions.

- Committing other prohibited acts in accordance with regulations of law.

Mai Thanh Loi

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