THE
NATIONAL ASSEMBLY
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
|
No.
51/2005/QH11
|
Hanoi,
November 29, 2005
|
LAW
ON E-TRANSACTIONS
THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIETNAM
XIth Tenure,
8th session
(From October
18 to November 29, 2005)
Pursuant to the 1992 Constitution of the
Socialist Republic of Vietnam, as amended under Resolution No. 51/2001/QH10
dated December 25, 2001 of the Xth National Assembly, the 10th
session;
This Law provides for e-transactions.
Chapter I
GENERAL PROVISIONS
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
This Law provides for e-transactions in the
operations of state agencies; in the civil, business, commercial and other
sectors prescribed by law.
The provisions of this Law shall not apply to
the grant of certificates of land use rights, ownership of houses and other
immovable properties, inheritance documents, marriage certificates, divorce
decisions, birth certificates, death certificates, bills of exchange and other
valuable papers.
Article 2. Subjects of
application
This Law shall apply to agencies, organizations
and individuals opting for transactions by electronic means.
Article 3. Application of
the Law on E- Transactions
In case of difference between the provisions of
the Law on E-Transactions and other provisions of law on the same matter
related to e-transactions, the provisions of the Law on E-Transactions shall
apply.
Article 4. Interpretation of
terms
In this Law, the following terms are construed
as follows:
1. An e-certificate means a data
message issued by an e-signature certification service-providing organization
in order to verify that the certified agency, organization or individual is the
person having made the e-signature.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Electronic signing program means a
computer program established to operate independently or through equipment,
information system, other computer programs in order to create an e-signature
typical for the person who signs data messages.
4. Database means a compilation of data
arranged and organized for access, exploitation, management and updating of
information through electronic means.
5. Data mean information in form of
symbol, script, numeral, image, sound or the like.
6. An e-transaction means a transaction
implemented by electronic means.
7. An automatic e-transaction means an
e-transaction, which is automatically performed in part or in whole through a
pre-established information system.
8. An information system means a system
established for sending, receiving, storing, displaying or another processing
with respect to data messages.
9. An intermediary means an agency,
organization or individual, that represents another agency, organization or
individual to send, receive or store a data message or to provide other
services relating to such data message.
10. An electronic means is a means that
operates based on electric, electronic, digital, magnetic, wireless, optical,
electro-magnetic technologies or similar technologies.
11. A security control process is a
process used to verify sources of data messages, e-signatures; to discover
changes or mistakes appearing in the content of a data message in the process
of transmission, receipt and storage.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
13. An e-signature certification
service-providing organization means an organization carrying out e-signature
certification activities in accordance with the provisions of law.
14. An online service-providing organization
means an organization providing transmission line infrastructure and other relevant
services to carry out e-transactions. Online service-providing organizations
include Internet access providers, Internet service providers and online
service providers.
15. Electronic data interchange (EDI)
means the transfer of information from one computer to another by electronic
means in accordance with an agreed standard on information structure.
Article 5. General
principles in e-transactions
1. To voluntarily select electronic means for
transactions.
2. To mutually agree on the selection of type of
technology for e-transactions.
3. No technology shall be considered the sole
one in e-transactions.
4. To ensure equality and security in
e-transactions.
5. To protect lawful rights and interests of
agencies, organizations, individuals, interests of the State and public
interests.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 6. Policies on
development and application of e-transactions
1. To give priority to the development of
technological infrastructure and training of human resources related to
e-transactions.
2. To encourage agencies, organizations and
individuals to invest in and apply e-transactions in accordance with the
provisions of this Law.
3. To support e-transactions in public services.
4. To step up the implementation of e-commerce,
transactions by electronic means and computerization of the state bodies’
operations.
Article 7. Contents of the
state management of e-transaction activities
1. To issue and organize the implementation of
strategies, plannings, plans and policies for developing and applying
e-transactions in the socio-economic, defense and security domains.
2. To promulgate, propagate and implement legal
documents on e-transactions.
3. To promulgate and recognize e-transaction
standards.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. To manage the development of technological
infrastructure for e-transaction activities.
6. To organize and manage the training,
fostering and building of the contingent of personnel and experts in the
e-transaction domain.
7. To inspect and supervise the implementation
of law on e-transactions; to settle complaints and denunciations, to handle
acts of violating law on e-transactions.
8. To manage and carry out activities of
international cooperation on e-transactions.
Article 8. Responsibilities
of the state management of e-transactions
1. The Government shall exercise the uniform
state management over e-transaction activities.
2. The Ministry of Post and Telematics shall
take responsibility before the Government, assuming the presiding
responsibility for, and coordinating with relevant ministries and branches in,
exercising the state management of e-transaction activities.
3. Ministries and ministerial –level agencies
shall, within the ambit of their tasks and powers, have to exercise the state
management over e-transaction activities.
4. People’s Committees of provinces or cities
under central authority shall, within the ambit of their tasks and powers,
exercise the state management of e-transaction activities in their respective
localities.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Obstructing the selection of the use of
e-transactions.
2. Illegally obstructing or preventing the
process of transmitting, sending and receiving data messages.
3. Illegally modifying, deleting, canceling,
counterfeiting, copying, disclosing, displaying or moving part or whole of a
data massage.
4. Creating or disseminating software programs
that trouble, change or destroy operating system or committing other acts to
destroy the technological infrastructure on e-transactions.
5. Creating data messages in order to commit
illegal acts.
6. Tricking, wrongly identifying, appropriating
or illegally using e-signatures of others.
Chapter II
DATA MESSAGE
Section 1. LEGAL
VALIDITY OF DATA MESSAGES
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
A data message may be shown in the form of
electronic data interchange, electronic documents, e-mails, telegrams,
telegraphs, facsimiles and other similar forms.
Article 11. Legal validity
of data messages
Information in data messages cannot have its
legal validity disclaimed for the sole reason that it is expressed in the form
of data messages.
Article 12. Data messages
being as valid as documents
Where the law requires information to be in
writing, a data message shall be considered having met this condition if the
information contained therein is accessible and usable for reference when necessary.
Article 13. Data messages
being as valid as original copy
A data message shall be as valid as an original
copy when satisfying the following conditions:
1. The contents of the data message are kept
intact since its first origination in the form of a complete data message.
The contents of a data message are considered
intact when they remain unchanged, except for changes in their appearance which
arise in the process of sending, storing or displaying the data message.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 14. Data messages
being as valid as evidence
1. A data message cannot be disclaimed in terms
of its validity as evidence for the sole reason that it is a data message.
2. The validity as evidence of a data message
shall be determined based on the reliability of the method by which the data
message was generated, stored or communicated; the method to ensure and
maintain the integrity of the data message; the method by which its originator
was identified, and on other relevant factors.
Article 15. Storage of data
messages
1. In cases where the law requires records,
files or information to be stored, such records, files or information can be
stored in the form of data messages when the following conditions are
satisfied:
a) The information in the data message is
accessible and usable for reference when necessary;
b) The contents of such data message are stored
in the very format in which it was originated, sent or received, or in a format
which can be demonstrated to represent accurately its contents;
c) Such data message is stored in a manner to
enable the identification of its origin, destination, and the date and time
when it was sent or received.
2. Contents and time limit for storage of data
message shall comply with the provisions of law on storage.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 16. Originator of a
data message
1. The originator of a data message shall be an
agency, organization or individual that creates or sends the data message
before such message is stored, excluding any intermediary transmitting the data
message.
2. Where 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 the
originator if it is sent by the originator or by an information system
established to operate automatically which is designated by the originator;
b) The recipient may consider a data message as
being that of the originator if the recipient has applied the verification
methods approved by the originator and such methods give the result that such
data message is of the originator;
c) As from the time the recipient becomes aware
of technical errors in the transmission of a data message or has applied
error-detecting methods approved by the originator, the provisions of Points a
and b of this Clause shall not apply.
3. The originator shall take responsibility
before law for the contents of the data message the originator has originated.
Article 17. Time and place
of sending a data message
Unless otherwise agreed upon by the parties to a
transaction, the time and place of sending a data message is provided for as
follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The place of sending a data message is the
headquarters of the originator if the originator is an agency or organization
or the residence of the originator if the originator is an individual. If the
originator has more than one headquarters, the place of sending the data
message is the one which has the closest relationship with the transaction.
Article 18. Receipt of a data
message
1. The recipient of a data message is the person
who is designated to receive the data message from its originator but does not
mean any intermediary transmitting such data message.
2. Unless otherwise agreed upon by the parties
to the transaction, the receipt of a data message is provided for as follows:
a) The recipient of a data message is deemed in
receipt of such message if the message is entered into an information system
designated by the recipient and accessible;
b) The recipient has the right to consider each
data message received an independent one unless such data message is a copy of
another data message and the recipient knows or ought to know that it is a
copy;
c) Where the originator has required or agreed
with the recipient before or during the sending of a data message that the
recipient must send an acknowledgement of the receipt of such data message, the
recipient must comply with such request or agreement;
d) Where the originator, before or during the
sending of a data message, has stated that such data message will be valid only
when the originator receives an acknowledgement, such data message shall be
considered having not been sent till the originator receives a written
acknowledgement of the receipt of such data message from the recipient;
e) Where the originator has already sent a data
message without stating that the recipient must send an acknowledgement and has
not yet received the acknowledgement, the originator may notify the recipient
that no acknowledgement has been received and set a reasonable duration for the
recipient to send the acknowledgement. If the originator still fails to receive
any acknowledgement within the specified duration, the originator has the right
to treat the data message as though it had never been sent.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Unless otherwise agreed upon by the parties to
the transaction, the time and place of receiving a data message are provided
for as follows:
1. If the recipient has designated an
information system for receiving a data message, the message-receiving time
shall be the time when the data message enters the designated information
system; if the recipient has not designated a specific information system for
receiving the data message, the message-receiving time shall be the time when
the data message enters any information system of the recipient.
2. The place of receiving a data message shall
be the headquarters of the recipient if the recipient is an organization or the
permanent residence of the recipient if the recipient is an individual. If the
recipient has more than one headquarters, the place of receiving the data
message shall be the headquarters which has the closest relationship with the
transaction.
Article 20. Automatic
sending and receipt of data messages
If the originator or the recipient has
designated one or several information systems for the purpose of automatic
sending or receipt of data messages, the provisions of Articles 16, 17, 18 and
19 of this Law shall apply.
Chapter III
E-SIGNATURES AND
CERTIFICATION OF E-SIGNATURES
Section 1. LEGAL VALIDITY OF
E-SIGNATURES
Article 21. E-signatures
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. An e-signature shall be considered secured if
it satisfies the conditions stipulated in Clause 1, Article 22 of this Law.
3. E-signatures may be certified by e-signature
certification service providing organizations.
Article 22. Conditions to
ensure security of e-signatures
1. An e-signature is considered secured if it is
verified by a security verifying process agreed upon by transacting parties and
satisfying the following conditions:
a) E-signature creation data are attached only
to the signatory in the context that such data are used;
b) E-signature creation data are under the
control of only the signatory at the time of signing;
c) All changes to the e-signature after the time
of signing are detectable;
d) All changes to the contents of the data
message after the time of signing are detectable.
2. E-signatures certified by e-signature
certification service-providing organizations shall be considered having
satisfied the security conditions mentioned in Clause 1 of this Article.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Unless otherwise provided for by law, the
parties to a transaction have rights to reach agreement:
a) To use or not to use e-signatures to sign
data message in the transaction process;
b) To use or not to use the certified
e-signature;
c) To select an e-signature certification service-providing
organization in cases where there is an agreement on the use of the certified
e-signature.
2. E-signatures of state agencies must certified
by e-signature certification service providing organizations defined by
competent state agencies.
Article 24. Legal validity
of e-signatures
1. Where the law requires a document to be
signed, such requirement with respect to a data message shall be considered
having been met if an e-signature used for signing such data message satisfies
the following conditions:
a) The method of creating the e-signature
permits of identifying the signatory and indicating his/her approval of the
contents of the data message;
b) Such method is sufficiently reliable and
appropriate to the purpose for which the data message was originated and sent.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The Government shall specify the management
and use of e-signatures by agencies and organizations.
Article 25. Obligations of
the signatory of an e-signature
1. A signatory of an e-signature or his/her
legal representative is the person who controls the electronic signing program
and uses such equipment to certify his/her will regarding the signed data
message.
2. A signatory of an e-signature shall have the
following obligations:
a) To take measures to avoid unauthorized use of
his/her e-signature-creating data;
b) To promptly use appropriate means to notify parties
that accept the e-signature and the e-signature certification service-providing
organization in case the e-signature is certified, when discovering that the
e-signature may no longer be under his/her control;
c) To apply necessary measures to ensure the
accuracy and integrity of information included in the e-certificate in case
such certificate is used to certify the e-signature.
3. A signatory shall take responsibility before
law for all consequences of his/her failure to comply with the provisions of
Clause 2 of this Article.
Article 26. Obligations of
the party accepting e-signatures
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. A party accepting e-signatures shall have the
following obligations:
a) To take necessary measures to verify the
reliability of an e-signature before accepting it;
b) To take necessary measures to verify legal
validity of an e-certificate and limitations with respect to the e-certificate
in case such e-certificate is used to certify an e-signature.
3. The party accepting e-signatures shall take
responsibility before law for consequences of non-compliance with the
provisions of Clause 2 of this Article.
Article 27. Recognition of
foreign e-signatures and e-certificates
1. The Government recognizes the legal validity
of foreign e-signatures and e-certificates if such e-signatures or
e-certificates have the same level of reliability as those provided for by law.
The determination of the reliability of foreign e-signatures and e-certificates
must be based on recognized international standards, on treaties to which the
Socialist Republic of Vietnam is a contracting party and on other relevant
factors.
2. The Government shall specify the recognition
of foreign e-signatures and e-certificates.
Section 2.
E-SIGNATURE CERTIFICATION SERVICES
Article 28. E-signature
certification service activities
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Providing necessary information to assist the
certification of e-signatures of persons who sign data messages.
3. Providing other services related to
e-signatures and e-signature certification in accordance with the provisions of
law.
Article 29. Contents of an
e-certificate
1. Information on the e-signature certification
service-providing organization.
2. Information on the agency, organization or
individual to whom the e-certificate is issued.
3. The identification number of the
e-certificate.
4. The valid term of the e-certificate.
5. The data for examining the e-signature of the
person who is granted the e-certificate.
6. The e-signature of e-signature certification
service-providing organization.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
8. Limitations on legal liabilities of the
e-signature certification service-providing organization.
9. Other contents as provided for by the
Government.
Article 30. E-signature
certification service-providing organizations
1. E-signature certification service-providing
organizations include public e-signature certification service-providing
organizations and specialized e-signature certification service-providing
organizations which are authorized to carry out e-signature certification
activities in accordance with the provisions of law.
2. A public e-signature certification
service-providing organization is an organization providing e-signature certifications
services to agencies, organizations or individuals for use in public
activities. Activities of providing public e-signature certification services
are conditional business activities as provided for by law.
3. A specialized e-signature certification
service-providing organization is an organization providing e-signature
certification services to agencies, organizations or individuals for use in
specialized activities or domains. Activities of providing specialized
e-signature certification services must be registered with state management
bodies in charge of e-signature certification services.
4. The Government shall specify the
establishment, organization, business registration, operation and mutual
recognition of e-signature certification service-providing organizations
defined in Clauses 2 and 3 of this Article.
Article 31. Rights and
obligations of e-signature certification service-providing organizations
1. E-signature certification service-providing
organizations shall have the following rights and obligations:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) To comply with the provisions of law on
e-signature certification service-providing organizations;
c) To use reliable technical equipment systems,
processes and resources to perform their tasks;
d) To guarantee the accuracy and integrity of
fundamental contents of e-certificates they have issued;
e) To publicize information on e-certificates,
which have been issued, extended, suspended, restored or revoked;
f) To provide appropriate facilities to enable
the e-signature-accepting parties and competent state agencies to rely on
e-certificates to ascertain the origin of data messages and e-signatures;
g) To notify the relevant parties of incidents
which affect the certification of e-signatures.
h) To publicize and notify the e-certificate
grantees, and relevant management agencies of the suspension or termination of
their operation within 90 days prior thereto.
i) To archive information related to
e-certificates they have issued for at least five years after such
e-certificates become invalid.
j) Other rights and obligations as provided for
by law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Section 3. MANAGEMENT OF
E-SIGNATURE CERTIFICANON SERVICES
Article 32. Conditions for
providing e-signature certification services
1. E-signature certification service-providing
organizations must fully meet the following conditions:
a) Having adequate professional technical and
managerial staff to provide e-signature certification services.
b) Having adequate technical means and equipment
suitable to national security and safety standards;
c) Registering the provision of e-signature
certification services with the state management bodies.
2. The Government shall specify the following
contents:
a) Order and procedures for registration of
e-signature certification service-providing activities.
b) Technical standards, processes, human
resources and other conditions necessary for e-signature certification
service-providing activities.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d) Procedures for issuance, extension,
suspension, restoration and revocation of e-certificates.
e) Regulations on storage and disclosure of
information related to e-certificates issued by e-certification
service-providing organizations.
f) Conditions and procedures for foreign
e-signature certification service-providing organizations to provide
e-signature certification services in Vietnam.
g) Other contents necessary for e-signature
certification service-providing activities.
Chapter IV
ENTRY INTO AND EXECUTION
OF E-CONTRACTS
Article 33. E-contracts
E-contracts mean contracts established in the
form of data messages provided for in this Law.
Article 34. Recognition of
legal validity of e-contracts
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 35. Principles of
entry into and execution of e-contracts
1. Participating parties shall have the right to
reach agreement on the use of electronic means in the entry into and execution
of contracts.
2. The entry into and execution of an e-contract
shall comply with the provisions of this Law and law on contracts.
3. When entering into and executing e-contracts,
the parties shall have the right to reach agreement on technical requirements,
certification, conditions to ensure integrity and confidentiality related to
such e-contracts.
Article 36. Entry into
e-contracts
1. Entry into e-contracts means the use of data
messages to execute part or whole of transactions in the process of entering
into contracts.
2. In the process of entering into contracts,
unless otherwise agreed upon by concerned parties, an offer to enter into a
contract and acceptance of the offer to enter into the contract may be carried
out through data messages.
Article 37. Receipt,
sending, time, location of sending or receiving data messages in entering into
and execution of e-contracts
The receipt, sending, time, location of sending
or receiving data messages in entering into and execution of e-contracts shall
be comply with Articles 17, 18, 19 and 20 of this Law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
In the process of entering into and executing an
e-contract, a notice in the form of a data message shall be legally valid like
a notice in the traditional form.
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.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
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
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
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.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
SECURITY, SAFETY,
PROTECTION, CONFIDENTIALITY IN E-TRANSACTIONS
Article 44. Ensuring
security and safety in e-transactions
1. Agencies, organizations and individuals shall
have the right to select measures to ensure security and safety in accordance
with the provisions of law when conducting e-transactions.
2. Agencies, organizations and individuals
conducting e-transactions must take necessary measures to ensure smooth
operations of information systems under their control; if causing technical
errors to such information systems which cause damage to other agencies,
organizations and/or individuals, they shall be handled in accordance with the
provisions of law.
3. Agencies, organizations and individuals must
not take any action that prevents or adversely affects the protection of
security and safety in e-transactions.
Article 45. Protection of
data messages
Agencies, organizations and individuals must not
take any action that adversely affects the integrity of data messages of other
agencies, organizations and/or individuals.
Article 46. Information
confidentiality in e-transactions
1. Agencies, organizations and individuals shall
have the right to select confidentiality-ensuring measures in accordance with
the provisions of law when conducting e-transactions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 47. Responsibility
of online service-providing organizations
1. Online service-providing organizations shall
have to co-coordinate with concerned agencies in elaborating management
regulations and adopting technical measures to prevent and stop the use of
their network services for dissemination of data messages which are against the
cultural traditions, national ethics, or prejudicial to the national security,
public order and safety or violate other provisions of law.
2. Online service-providing organizations shall
take responsibility before law for delayed removal of data messages defined in
Clause 1 of this Article, when they have received notices from competent state
agencies.
Article 48.
Responsibilities of agencies, organizations and individuals upon the request of
competent state agencies
1. When requested by competent state agencies,
agencies, organizations and/or individuals shall have the following
responsibilities:
a) To store a particular data message, including
the transfer of data to another computer system or another storage place;
b) To maintain the integrity of a particular
data message;
c) To present or provide a particular data
message, including its password and other encryption methods which they have or
controls;
d) To present or provide information on the user
of services in cases where the requested agencies, organizations or individuals
are service providers controlling such information;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Competent state agencies shall take
responsibility before law for their requests.
Article 49. Rights and
responsibilities of competent state agencies
1. Competent state agencies shall have the
following rights:
a) To search or access part or all of a computer
system and data messages in such system;
b) To seize part or all of the computer system;
c) To copy and store copies of a data message;
d) To prevent access to a computer system;
e) Other rights provided for by law.
2. When exercising the rights stipulated in
Clause 1 of this Article, competent state agencies shall take responsibility
before law for their decisions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
DISPUTE SETTLEMENT AND
VIOLATION HANDLING
Article 50. Handling of
violations of law on e-transactions
1. Any person violating law on
e-transactions shall, depending on the nature and seriousness of their
violations, be disciplined, administratively sanctioned or examined for
criminal liabilities and, if causing damage, pay compensation under the provisions
of law.
2. Agencies or organizations that commit acts of
violating law on e-transactions shall, depending on the nature and seriousness
of their violations, be administratively sanctioned, suspended from operation,
and if causing damage, pay compensation therefor under the provisions of law.
Article 51.
Disputes in e-transactions
Disputes in e-transactions are disputes arising
in the course of transaction by electronic means.
Article 52.
Settlement of disputes in e-transactions
1. The State encourages the disputing parties in
e-transactions to settle disputes by themselves through conciliation.
2. Where the parties cannot resolve their
disputes, the authority, order and procedures for the settlement of disputes
over e-transactions shall comply with the provisions of law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
IMPLEMENTATION
PROVISIONS
Article 53.
Effect
This Law shall take effect as from March 1,
2006.
Article 54. Implementation
guidance
The Government shall detail and guide the
implementation of this Law.
This Law was passed on November 29, 2005, by
the XIth National Assembly of the Socialist Republic of Vietnam at
its 8th session.
PRESIDENT OF
THE SOCIALIST REPUBLIC OF VIETNAM
Tran Duc Luong
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.