Chương I Luật Giao dịch điện tử 2023: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. For the purpose of this Law, provision is made for conducting transactions by electronic means.

2. Contents, requirements and forms of transactions are not included in this Law.

3. If other laws permit or does not specify whether a transaction can be carried out electronically, this Law shall be applied. If another law does not permit a transaction to be carried out electronically, such law shall be applied.

Article 2. Regulated entities

This Law applies to agencies, organizations and individuals directly involved in electronic transactions or relating to electronic transactions.

Article 3. Definitions

For the purposes of this Law, the terms below shall be construed as follows:

1. “Electronic transaction (e-transaction)” means a transaction which is conducted using electronic means.

2. “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.

3. “Electronic environment" includes telecommunications networks, internet, computer networks and information systems.

4. “data message" means information generated, sent, received or stored by electronic means.

5. “E-certificate" means a license, certificate, confirmation or approval published by a competent authority or organization in the form of electronic data.

6. “data” means a symbol, script, numeral, image, sound or another similar type.

7. “electronic data" means the data generated, processed or stored by electronic means.

8. “digital data” means electronic data generated through the use of digital signals.

9. “master data" represents data containing the core information that is used to describe a specific object, serve as a basis for reference and uniformity between different databases or data sets.

10. “database" means an organized collection of electronic data accessed, exploited, shared, managed and updated by electronic means.

11. “electronic signature” means data in electronic form that are attached to or logically associated with a data message to identify the signatory and authenticate his/her approval for the data message.

12. “digital signature” means an electronic signature using asymmetric algorithm consisting of a private key and a public key. The private key is used to add the digital signature and the public key is used to verify the digital signature. The digital signature ensures the authenticity, integrity and undeniability but fails to ensure the secrecy of the data message.

13. “electronic signature certificate" means a data message for authentication of the signatory’s electronic signature. An electronic signature certificate for digital signatures is called a digital signature certificate.

14. “digital signature authentication service” means a service provided by a digital signature authentication service provider to authenticate the signatory on a data message and ensure the undeniability of the signatory to the data message and ensures the integrity of the associated data message.

15. “timestamp” means electronic data attached to a data message that enable the identification of a specific time at which the data message exists.

16. “electronic contract” means a contract that is made in the form of a data message.

17. “intermediary” means an agency, organization or individual who sends, receives or stores a data message or provides other services related to the data message for another agency, organization or individual.

Article 4. E-transaction development policy

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

2. 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.

3. 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.

4. 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.

Article 5. Assurance about cybersecuriy and information security in e-transactions

1. 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.

2. 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.

Article 6. Prohibited acts in e-transactions

1. 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.

2. 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.

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

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

5. Creating data messages in order to commit illegal acts.

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

7. Obstructing the selection of carrying out e-transactions.

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