Storage of data messages in Vietnam under the Law on Electronic Transactions 2023

Storage of data messages in Vietnam under the Law on Electronic Transactions 2023 (Internet image)

1. Storage of data messages in Vietnam under the Law on Electronic Transactions 2023

Storage of data messages according to Article 13 of the Law on Electronic Transactions 2023 is as follows:

- In cases where the law requires documents, evidence, records, materials, or information to be stored, such documents, evidence, records, materials, or information can be stored in the form of data messages when the following requirements are met:

+ The information in the data message can be accessed and used for reference;

+ The information in the data message is stored in the format in which it was created, sent, received, or in a format that accurately represents that information;

+ The data message is stored in a manner that allows the identification of the origin, sender, receiver, and time of sending and receiving the data message.

- Unless otherwise provided by law, agencies, organizations, and individuals have the option to store documents, evidence, records, materials, or information either in paper form or in the form of data messages if the data messages meet the requirements specified in Clause 1, Article 13 of the Law on Electronic Transactions 2023.

- The content and duration of data message storage are carried out according to the provisions of law on storage and other relevant legal regulations. The storage of data messages holds the same value as the storage of paper documents.

2. Regulations on conversion between printed documents and data messages in Vietnam

Regulations on conversion between printed documents and data messages in Vietnam according to Article 12 of the Law on Electronic Transactions 2023 are as follows:

- Data messages converted from paper documents must meet the following requirements:

+ The information in the data message is ensured to be as intact as the paper document;

+ The information in the data message can be accessed and used for reference;

+ There is a unique symbol confirming the conversion from paper document to data message and information about the agency, organization, or individual performing the conversion;

+ In cases where the paper document is a license, certificate, certification, approval document, or other confirmation document issued by a competent authority, the conversion must meet the requirements stipulated in Points a, b, and c, Clause 1, Article 12 of the Law on Electronic Transactions 2023, and must have the digital signature of the agency, organization performing the conversion, unless otherwise specified by law. The information system serving the conversion must have the feature to convert from paper documents to data messages.

- Paper documents converted from data messages must meet the following requirements:

+ The information in the paper document is ensured to be as intact as the data message;

+ There is information to identify the information system and the owner of the information system that created, sent, received, and stored the original data message for reference;

+ There is a unique symbol confirming the conversion from data message to paper document and information about the agency, organization, or individual performing the conversion;

+ In cases where the data message is an electronic certificate, the conversion must meet the requirements stipulated in Points a, b, and c, Clause 2, Article 12 of the Law on Electronic Transactions 2023, and must have the signature and seal (if any) of the agency, organization performing the conversion as prescribed by law. The information system serving the conversion must have the feature to convert from data messages to paper documents.

- The legal value of the converted documents is according to the relevant laws.

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