Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for e-transactions in the operations of state agencies; in the civil, business, commercial and other sectors prescribed by law.
The provisions of this Law shall not apply to the grant of certificates of land use rights, ownership of houses and other immovable properties, inheritance documents, marriage certificates, divorce decisions, birth certificates, death certificates, bills of exchange and other valuable papers.
Article 2. Subjects of application
This Law shall apply to agencies, organizations and individuals opting for transactions by electronic means.
Article 3. Application of the Law on E- Transactions
In case of difference between the provisions of the Law on E-Transactions and other provisions of law on the same matter related to e-transactions, the provisions of the Law on E-Transactions shall apply.
Article 4. Interpretation of terms
In this Law, the following terms are construed as follows:
1. An e-certificate means a data message issued by an e-signature certification service-providing organization in order to verify that the certified agency, organization or individual is the person having made the e-signature.
2. Certification of an e-signature means verification that the certified agency, organization or individual is the person having made the e-signature.
3. Electronic signing program means a computer program established to operate independently or through equipment, information system, other computer programs in order to create an e-signature typical for the person who signs data messages.
4. Database means a compilation of data arranged and organized for access, exploitation, management and updating of information through electronic means.
5. Data mean information in form of symbol, script, numeral, image, sound or the like.
6. An e-transaction means a transaction implemented by electronic means.
7. An automatic e-transaction means an e-transaction, which is automatically performed in part or in whole through a pre-established information system.
8. An information system means a system established for sending, receiving, storing, displaying or another processing with respect to data messages.
9. An intermediary means an agency, organization or individual, that represents another agency, organization or individual to send, receive or store a data message or to provide other services relating to such data message.
10. An electronic means is a means that operates based on electric, electronic, digital, magnetic, wireless, optical, electro-magnetic technologies or similar technologies.
11. A security control process is a process used to verify sources of data messages, e-signatures; to discover changes or mistakes appearing in the content of a data message in the process of transmission, receipt and storage.
12. A data message means information created, transmitted, received and stored by electronic means.
13. An e-signature certification service-providing organization means an organization carrying out e-signature certification activities in accordance with the provisions of law.
14. An online service-providing organization means an organization providing transmission line infrastructure and other relevant services to carry out e-transactions. Online service-providing organizations include Internet access providers, Internet service providers and online service providers.
15. Electronic data interchange (EDI) means the transfer of information from one computer to another by electronic means in accordance with an agreed standard on information structure.
Article 5. General principles in e-transactions
1. To voluntarily select electronic means for transactions.
2. To mutually agree on the selection of type of technology for e-transactions.
3. No technology shall be considered the sole one in e-transactions.
4. To ensure equality and security in e-transactions.
5. To protect lawful rights and interests of agencies, organizations, individuals, interests of the State and public interests.
6. E-transactions of State agencies must comply with the principles stipulated in Article 40 of this Law.
Article 6. Policies on development and application of e-transactions
1. To give priority to the development of technological infrastructure and training of human resources related to e-transactions.
2. To encourage agencies, organizations and individuals to invest in and apply e-transactions in accordance with the provisions of this Law.
3. To support e-transactions in public services.
4. To step up the implementation of e-commerce, transactions by electronic means and computerization of the state bodies’ operations.
Article 7. Contents of the state management of e-transaction activities
1. To issue and organize the implementation of strategies, plannings, plans and policies for developing and applying e-transactions in the socio-economic, defense and security domains.
2. To promulgate, propagate and implement legal documents on e-transactions.
3. To promulgate and recognize e-transaction standards.
4. To manage organizations providing services related to e-transactions.
5. To manage the development of technological infrastructure for e-transaction activities.
6. To organize and manage the training, fostering and building of the contingent of personnel and experts in the e-transaction domain.
7. To inspect and supervise the implementation of law on e-transactions; to settle complaints and denunciations, to handle acts of violating law on e-transactions.
8. To manage and carry out activities of international cooperation on e-transactions.
Article 8. Responsibilities of the state management of e-transactions
1. The Government shall exercise the uniform state management over e-transaction activities.
2. The Ministry of Post and Telematics shall take responsibility before the Government, assuming the presiding responsibility for, and coordinating with relevant ministries and branches in, exercising the state management of e-transaction activities.
3. Ministries and ministerial –level agencies shall, within the ambit of their tasks and powers, have to exercise the state management over e-transaction activities.
4. People’s Committees of provinces or cities under central authority shall, within the ambit of their tasks and powers, exercise the state management of e-transaction activities in their respective localities.
Article 9. Prohibited acts in e-transactions
1. Obstructing the selection of the use of e-transactions.
2. Illegally obstructing or preventing the process of transmitting, sending and receiving data messages.
3. Illegally modifying, deleting, canceling, counterfeiting, copying, disclosing, displaying or moving part or whole of a data massage.
4. Creating or disseminating software programs that trouble, change or destroy operating system or committing other acts to destroy the technological infrastructure on e-transactions.
5. Creating data messages in order to commit illegal acts.
6. Tricking, wrongly identifying, appropriating or illegally using e-signatures of others.
Tìm kiếm
Luật Giao dịch điện tử 2005 (Bản Word)
