Chương VI Luật Giao dịch điện tử 2023: Hệ thống thông tin phục vụ giao dịch điện tử

Chapter VI

INFORMATION SYSTEMS SERVING E-TRANSACTIONS

Article 45. Information systems serving e-transactions

1. An information system serving e-transactions is a collection of hardware, software and databases established with main functions and features of serving e-transactions, ensuring authentication and reliability in e-transactions.

The information system serving electronic transactions is classified according to the information system administrator; functions and features of the information system serving e-transactions; size, number of users in Vietnam or number of monthly visits from users in Vietnam.

2. An digital platform serving electronic transactions means an information system specified in Clause 1 of this Article that creates an electronic medium that allows parties to conduct transactions or provide or use products or services or use it to develop products or services.

3. A digital platform serving an e-transaction is a digital platform specified in Clause 2 of this Article whose administrator is independent of the parties conducting the transaction.

4. The Government shall elaborate this Article.

Article 46. E-transaction account

1. E-transaction accounts shall be issued by administrators of information systems serving e-transactions and managed and used in accordance with this Law.

2. An e-transaction account shall be used to conduct an electronic transaction, in order to store its transaction history and ensure the correct transaction order of the account holder, which is valid for proving the transaction history of the parties as prescribed in Clause 4 of this Article.

3. Agencies, organizations and individuals have the right to choose to use e-transaction accounts in accordance with their needs, unless otherwise provided for by law.

4. The transaction history of an e-transaction account shall have legal value for proving the transaction if the following requirements are met:

a) The information system serving the e-transaction must ensure its safety in accordance with the law on information security;

b) The transaction history must be uniquely attached with an agency, organization or individual that is the holder of the e-transaction account.

c) The transaction time must be accurate according to regulation of law on national standard time source.

Article 47. Responsibilities of administrators of information systems serving e-transactions

1. Administrators of information systems serving e-transactions shall be responsible for:

a) Complying with the regulations of this Law and laws on information security, cybersecurity, personal information protection, personal data protection and other relevant laws;

b) Providing information by electronic means in accordance with law in service of measurement, statistics, supervision, inspection, examination and reporting at the request of state management agencies in charge of e-transactions; sharing data in service of state management of e-transactions;

c) Supervising the security of information systems serving their e-transactions in accordance with the law on information security.

2. Administrators of large digital platforms serving electronic transactions shall be responsible for:

a) Complying with regulations in clause 1 of this Article;

b) Publicly disclosing and disseminating mechanisms for reporting and handling problems arising in e-transactions;

c) Publicly disclosing and disseminating mechanisms for reporting and handling contents that violate Vietnamese law on digital platforms from reliable feedbacks;

d) Annually making reports, under the guidance of the Ministry of Information and Communications, on incidents that have occurred or incidents that have signs or risks of abusing information systems to commit acts of violating Vietnamese law.

3. Administrators of very large digital platforms serving e-transactions shall be responsible for:

a) Complying with regulations in clause 2 of this Article.

b) Publicly disclosing general principles, parameters or criteria used to make recommendations on displaying contents, advertisements to users and allowing users to choose not to use such recommendations based on analysis of data on users;

c) Allow users to uninstall any pre-installed applications without affecting basic technical features for normal operation of their platforms;

d) Publicly disclosing and disseminating codes of conduct applicable to users of their platforms.

4. The Government shall elaborate responsibilities of the administrators of intermediary digital platforms in Clauses 2 and 3 of this Article in accordance with scales, numbers of users in Vietnam or numbers of visits from users in Vietnam.

Article 48. Reporting, consolidating and sharing data serving state management of e-transactions

1. Regulatory agencies shall manage reporting, consolidation and sharing of data serving state management of e-transactions in accordance with regulations of law, and assigned functions, tasks and powers.

2. The Ministry of Information and Communications shall establish and operate systems for receiving and consolidating data serving state management of e-transactions of regulatory agencies specified in Clause 1 of this Article in accordance with the Government's regulations; assume the prime responsibility for elaborating, promulgating or requesting competent regulatory agencies to promulgate technical regulations on connection reference models serving data sharing by electronic means, device identifiers, reliability of information systems serving e-transactions.