Chương 5 Luật Giao dịch điện tử 2005: Giao dịch điện tử của cơ quan nhà nước

Chapter V

E-TRANSACTION OF STATE AGENCIES

Article 39. Types of e-transactions of state agencies

1. E-transactions within a state agency;

2. E-transactions among different state agencies;

3. E-transactions between state agencies and other agencies, organizations and individuals.

Article 40. Principles for conducting e-transactions of state agencies

1. Principles are provided for in Clauses 3, 4 and 5 of Article 5 of this Law.

2. E-transactions of state agencies must comply with the provisions of this Law and relevant provisions of law.

3. A state agency shall, within the ambit of its tasks and powers, take initiative in carrying out a part or all of transactions within itself or with other state agencies by electronic means.

4. Based on socio-economic development conditions and specific circumstances, state agencies shall determine a rational roadmap for the use of electronic means in the transaction types stipulated in Article 39 of this Law.

5. Agencies, organizations and individuals shall have the right to select modes of transaction with state agencies if such state agencies concurrently accept transactions both in traditional forms and by electronic means, unless otherwise provided for by law.

6. When conducting e-transactions, state agencies must specify the following:

a) Formats and forms of data messages;

b) Types of e-signature, certification of e-signatures, for transactions requiring e-signatures or certification of e-signatures;

c) Processes to ensure the integrity, security and confidentiality of e-transactions.

7. The provision of public services by state agencies in electronic forms shall be based on the agencies’ respective regulations which, however, must not be contrary to the provisions of this Law and relevant provisions of law.

Article 41. Ensuring security, confidentiality and storage of electronic information in state agencies

1. Periodically examining and ensuring security of electronic information systems of their respective agencies in e-transaction process.

2. Ensuring confidentiality of information related to e-transactions; not using information for other purposes contrary to the regulations on the use of such information; not disclosing information to a third party under the provisions of law.

3. Ensuring the integrity of data messages in e-transactions they conduct; ensuring security in operation of their computer networks;

4. Creating databases of corresponding transactions, ensuring information security and having backup measures to recover information in case of errors of the electronic information system.

5. Ensuring security, confidentiality and storage of information in accordance with the provisions of this Law and other relevant provisions of law.

Article 42. Responsibilities of state agencies in case of errors of e-information systems

1. Where the e-information system of a state agency has errors, failing to ensure the security of data messages, such agency shall have to immediately notify the users thereof and take necessary measures to correct the errors.

2. State agencies shall take responsibility before the law for failure to comply with the provisions of Clause 1 of this Article.

Article 43. Responsibilities of agencies, organizations and individuals in e-transactions with state agencies

Agencies, organizations and individuals, when conducting e-transactions with state agencies, shall comply with the provisions of this Law, the regulations on e-transactions issued by competent state agencies and other relevant provisions of law.