Chương VIII Luật Giao dịch điện tử 2023: Điều khoản thi hành

Chapter VIII

IMPLEMENTATION CLAUSES

Article 51. Amendments, replacement or annulment of some articles of relevant laws

Section 119 of Appendix IV - List of conditional business lines enclosed with the Law on Investment No. 61/2020/QH14 which has been amended by Law No. 72/2020/QH14, Law No. 03/2022/QH15, Law No. 05/2022/QH15, Law No. 08/2022/QH15 and Law No. 09/2022/QH15 shall be amended as follows:

2. Section 7 of Part VI - Fees in the field of information and communications in the List of fees and charges enclosed with the Law on Fees and Charges No. 97/2015/QH13 which has been amended by Law No. 09/2017/QH14, Law No. 23/2018/QH14, Law No. 72/2020/QH14 and Law No. 16/2023/QH15 shall be amended as follows:

3. The phrase “hệ thống chứng thực chữ ký số chuyên dùng” ("special-use digital signature authentication system") shall be replaced with the phrase “hệ thống chứng thực chữ ký số chuyên dùng công vụ” ("civil service digital signature authentication system”) in Clause 3, Article 19 of the Law on Government Organization No. 76/2015/QH13 which has been amended by Law No. 47/2019/QH14.

4. Articles 58 and 59 of the Law on Information Technology No. 67/2006/QH11 amended by Law No. 21/2017/QH14 shall be annulled.

Article 52. Effect

1. This Law comes into force from July 01, 2024.

2. Law on Electronic Transactions No. 51/2005/QH11 shall be no longer valid from the date on which this Law comes into force, except for the case specified in Article 53 of this Law.

Article 53. Transition provisions

1. E-transactions established before the effective date of this Law and not yet implemented by the effective date of this Law shall continue to comply with the regulations of the Law on Electronic Transactions No. 51/2005/QH11 and legislative documents elaborating the Law on Electronic Transactions No. 51/2005/QH11, unless the parties agree to apply the regulations of this Law.

2. Digital certificates issued before the effective date of this Law and still valid on the effective date of this Law shall continue to comply with the regulations of the Law on Electronic Transactions No. 51/2005/QH11 and legislative documents elaborating Law on Electronic Transactions No. 51/2005/QH11 until the expiry dates of the digital certificates and have the same value as digital signature certificates in accordance with this Law.

3. Licenses for provision of public digital signature authentication services, licenses for using foreign digital certificates in Vietnam, operation registration certificates of special-use digital signature authentication service providers, certificates of safety of special-use digital signatures issued before the effective date of this Law and still in effect until the effective date of this Law, they may continue to be used until the expiry dates of such licenses or certificates.

The issuance of digital certificates under licenses and certificates specified in this Clause shall comply with the regulations of Law on Electronic Transactions No. 51/2005/QH11 and legislative documents elaborating Law on Electronic Transactions No. 51/2005/QH11.

4. For applications for licenses for provision of public digital signature authentication services, licenses for using foreign digital certificates in Vietnam, operation registration certificates of special-use digital signature authentication service providers, certificates of safety of special-use digital signatures which have been submitted to competent regulatory agencies but have not been granted by the effective date of this Law, the regulations of Law on Electronic Transactions No. 51/2005/QH11 and legislative documents elaborating Law on Electronic Transactions No. 51/2005/QH11 shall continue to apply.

5. Acknowledgements of registration for provision of e-contract authentication services in commercial transaction issued before the effective date of this Law shall continue to be used until June 30, 2027.

6. For applications for provision of e-contract authentication services in commercial transactions which have been submitted to competent regulatory agencies but have not yet acknowledged by the effective date of this Law, regulations of law on e-commerce may continue to apply.

7. The Government shall elaborate this Article.

This law was adopted by the XV National Assembly of the Socialist Republic of Vietnam, 5^th session on June 22, 2023.