Chương II Luật Giao dịch điện tử 2023: Thông điệp dữ liệu

Chapter II

DATA MESSAGE

Section 1. Legal value of data messages

Article 7. Formats of data messages

1. Data messages may be shown in the form of electronic documents, electronic certificates, electronic records, electronic contracts, e-mails, telegrams, telegraphs, facsimiles and other electronic data interchange (EDI) forms according to regulations of law.

2. Data messages are created and generated during the transactions or converted from printed documents.

Article 8. Legal value of data messages

Information stated in data messages cannot have its legal value disclaimed for the sole reason that it is expressed in the form of data messages.

Article 9. Data messages being as valid as documents

1. Where any law requires information to be in writing, the requirement of the law is fulfilled if the information is contained in a data message that is accessible and usable for subsequent reference.

2. Where any law requires any document to be notarized or authenticated, the requirement of the law is fulfilled if the document is notarized according to regulations of law on notarization; or authenticated according to regulations of this Law and law on authentication.

Article 10. Data messages being as valid as originals

A data message shall be used and be as valid as its original if:

1. There exists an assurance as to the integrity of the information contained in the data message from the time it is first generated in its final form; and

The information contained in the data message is assessed as integrity if it has remained complete and unaltered, apart from the addition of any change which arises in the normal course of communication, storage or display; and

2. Information contained in the data message is accessible and usable in its final form.

Article 11. Data messages being as valid as evidence

1. Data messages shall be used as the evidence according to regulations of this Law and law on procedure.

2. A data message is valued as the evidence on the basis of the reliability of the manner in which the data message is generated, sent, received or stored; the manner in which the integrity of the data message is ensured and remained; the manner in which originators, addressees of the data message and other appropriate factors are determined.

Article 12. Conversion between printed documents and data messages

1. Requirements for conversion from a printed document to a data message:

a) There exists an assurance as to the integrity of the information contained in the data message in comparison with that in the printed document; and

b) Information contained in the data message is accessible and usable for reference;

c) There is a special sign special signs of certifying the conversation from the printed document to the data message and information of the agency, organization or individual carrying out the conversion;

d) If the printed document is a license, certificate, confirmation or another approval document issued by a competent authority or organization, the conversion requires a fulfillment of the requirements in points a, b and c of this Clause and a digital signature of the agency or organization carrying out the conversion, unless otherwise prescribed by law. Information system serving the conversion must be able to convert printed documents into data messages.

2. Requirements for conversion from a data message to a printed document:

a) There exists an assurance as to the integrity of the information contained in the printed document in comparison with that in the data message; and

b) There is information to determine information system and governing body of the information system that generate, send, receive and store the original data message for searching;

c) There is a special sign certifying the conversation from the data message to the printed document and information of the agency, organization or individual carrying out the conversion;

d) If the data message is an electronic certificate, the conversion requires a fulfillment of the requirements in points a, b and c of this Clause and a signature and a stamp (if any) of the agency or organization carrying out the conversion in accordance with regulations of law. Information system serving the conversion must have the feature of conversion from data messages to printed documents.

3. Legal value of a converted document shall comply with regulations of relevant laws.

4. The Government of Vietnam shall elaborate this Article.

Article 13. Storage of data messages

1. Where any law requires a document, record, dossier or information to be stored, the document, record, dossier or information may be stored in the form of a data message if the following requirements are satisfied:

a) Information contained in the data message is accessible and usable for reference;

b) Information contained in the data message is stored in the very format in which it is generated, sent or received, or in a format which can be demonstrated to represent accurately its contents;

c) The data message is stored in a given manner to enable the identification of its origin, originator, addressee, date and time when it was sent or received.

2. Unless otherwise prescribed by law, agencies, organizations or individuals may select to store their documents, records, dossiers and information in the form of printed documents or in the form of data messages if they meet the requirements in Clause 1 of this Article.

3. Contents and time limits for storage of data messages shall comply with regulations of law on storage and other regulations of relevant laws. The storage of data messages is as valid as the storage of printed documents.

Section 2. Sending and receipt of data messages

Article 14. Originators of data messages

1. An originator of a data message is an agency, organization or individual who generates or sends the data message before such message is stored, excluding any intermediary transmitting the data message.

2. Where the parties to a transaction do not agree otherwise, the identification of the originator of a data message shall be as follows:

a) A data message is considered as that of an originator if it is sent by, or on behalf of, the originator, or by an information system which is programmed by the originator to operate automatically;

b) The addressee is entitled to regard a data message as being that of the originator if he/she has applied authentication methods approved by the originator for ascertaining whether the data message was that of the originator;

c) As from the time the addressee becomes aware of technical errors or receives a notice from the originator of the data message in the transmission of a data message or has applied, regulations in Point a and Point b shall not apply.

3. If a party commits an error in inputting information via an automated information system and the system fails to provide an opportunity to correct the error to the party, the party is entitled to remove the entered information if the following requirements are met:

a) Originator who commits an error in the process of feeding information has sent a notification of his/her error to the relevant parties immediately after he/she becomes aware of the error;

b) Originator who commits an error in the process of feeding information has not used or received any benefits (if any) from the parties.

4. The right to retrieve false information prescribed in Clause 3 of this Article shall not affect the responsibility for settlement of consequences arising from errors in e-transactions according to other regulations of relevant laws.

5. The originator shall be responsible before the law for the contents of the data message originated by himself/herself.

Article 15. Time and place of dispatching a data message

Unless otherwise agreed upon by the parties to a transaction, the time and place of dispatching a data message is provided for as follows:

1. The time of dispatching a data message is the point of time when such data message is delivered from an information system under the control of the originator or the originator’s representative. If the information system is outside the control of the originator or the originator’s representative, time of dispatching the data message is the point of time when such data message is entered into the information system;

2. A data message, even if it is sent from any place, is deemed to be sent from the originator's place of business if the originator is an agency, organization or from the originator’s place of residence if the originator is an individual. Where the originator has more than one place of business, the data message shall be sent from the originator’s principal place of business or from the place of business that has the closest relationship with the transaction.

Article 16. Receipt of data messages

1. An addressee of a data message shall be an agency, organization, individual or its representative designated to receive the data message from an originator of the data message, excluding any intermediary transmitting the data message.

2. Where the parties to a transaction do not agree otherwise, the receipt of a data message shall be as follows:

a) The addressee is considered to have had received the data message if the data message is entered into an information system designated by the addressee and it is accessible;

b) The addressee is entitled to regard each data message received as a separate data message, unless the data message is a duplicate of another data message of which the addressee knew or has to know that such data message was a duplicate;

c) On or before sending a data message, if the originator has requested or agreed with the addressee that receipt of the data message is to be acknowledged, the addressee shall abide by this request or agreement;

d) On or before sending a data message, if the originator has declared that such data message was only valuable when there is an acknowledgement, such data message is treated as though it has never been sent until the acknowledgement is received;

dd) In case the originator had sent a data message but he/she has not declared that the addressee must resend an acknowledgement and he/she has not received any acknowledgement, except cases prescribed in Point a of this Clause, the originator may give notice to the addressee stating that no acknowledgement has been received and specifying a reasonable time by which the acknowledgement must be received; if the acknowledgement is not received within the specified time, the originator is entitled to consider the data message unsent.

Article 17. Time and place of receiving a data message

Unless otherwise agreed upon by the parties to a transaction, the time and place of receiving a data message is provided for as follows:

1. If an addressee had designated an information system to receive a data message, the time of receipt is the point of time when such data message is entered into the designated information system and the data message is accessible; if the originator had not designated an information system to receive the data message, the time of receipt is the point of time when such data message is entered into any information system of the originator and the data message is accessible;

2. A data message, even if it is received from any place, is deemed to be received from the addressee's place of business if the addressee is an agency, organization or from the addressee’s place of residence if the addressee is an individual. Where the addressee has more than one place of business, the data message shall be sent from the addressee’s principal place of business or from the place of business that has the closest relationship with the transaction.

Article 18. Dispatch and receipt of a data message

If an originator or an addressee designates one or more information systems to automatically dispatch or receive a data message, the receipt and dispatch of the data message shall comply with the regulations in Articles 14, 15, 16 and 17 of this Law.

Section 3. Electronic Certificate

Article 19. Legal value of e-certificates

1. Information contained in an e-certificate shall have legal value if:

a) The e-certificate is signed by a digital signature of an issuing agency or organization according to regulations herein;

b) Information contained in the e-certificate is accessible and intelligible so as to be usable in its final form.

c) If any law requires a determination of time related to the e-certificate, the e-certificate shall contain a timestamp.

2. An e-certificate issued by a foreign competent agency or organization, in order to be recognized and used in Vietnam, must be granted consular legalization, unless the consular legalization is exempted according to regulations of Vietnamese law.

Article 20. Transfer of e-certificates

1. Where permission has been given by law for the transfer of ownership of an e-certificate to take place, the following requirements must be met:

a) The e-certificate clearly indicates the owner and that such owner has the sole control over the e-certificate; b) Requirements in Article 10 of this Law must be met;

c) The information system serving the transfer of the e-certificate must satisfy at least information security level 3 requirements according to regulations of law on information security;

d) Other regulations of relevant laws shall be applied.

2. Where any law requires or permits the conversion from printed documents to e-certificates for documents that are permitted by law to have their ownership transferred and may only exist in one form, the printed documents shall immediately lose their legal value when the conversion is completed and requirements prescribed in Point d Clause 1 Article 12 of this Law are met.

3. Where any law requires or permits the conversion from e-certificates to printed documents for e-certificates that are permitted by law to have their ownership transferred and may only exist in one form, the e-certificates shall immediately lose their legal value when the conversion is completed and requirements prescribed in Point d Clause 2 Article 12 of this Law are met.

Article 21. Requirements for storage and processing of e-certificates

1. The storage of e-certificates shall comply with regulations on storage of data messages in Article 13 of this Law.

2. The information systems serving the storage and processing of e-certificates must satisfy at least information security level 3 requirements according to regulations of law on information security;