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THE
NATIONAL ASSEMBLY Number:
51/2005/QH11 |
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SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness Ha Noi , November 29, 2005 |
LAW
On e-transactions
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam,
which was amended under Resolution 51/2001/QH10 of
December 25, 2001, of the Xth National Assembly, the 10th session;
This Law provides for e-transactions.
Chapter I
GENERAL
PROVISIONS
Article 1- Governing scope
This Law provides for e-transactions in the operations of
state agencies; 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, house ownership right and 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.- Term interpretation
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.
2. Certification of an e-signature means
verification that the certified agency, organization or individual is the
person having made the e-signature.
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.
12. A data message means
information created, transmitted, received and stored by electronic means.
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 [technology]
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.
6. E-transactions of State agencies must comply with the
principles stipulated in Article 40 of this Law.
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-transactions
1. To issue and organize the implementation of strategies,
plannings, plans and policies for developing and applying e-transactions in the
socio-economic, defence and security domains.
2. To promulgate, propagate and implement legal documents
on e-transactions.
3. To promulgate and recognize e-transaction standards.
4. To manage organizations providing services related to
e-transactions.
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 management
over e-transaction activities.
2. The Ministry of Post and Telematics shall take
responsibility before the Government, assuming the prime 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 centrally-run cities
shall, within the ambit of their tasks and power, exercise the state management
of e-transaction activities in their respective localities.
Article 9.- Prohibited acts in e-transactions
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, cancelling,
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 illegal
using e-signatures of others.
Chapter
II
DATA
MESSAGE
Section 1. LEGAL VALIDITY OF DATA MESSAGES
Article 10.- Formats
of data message
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 message
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 message 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, storage or display of the data message.
2. The contents of the data message are accessible and
usable in its integrity for reference when necessary.
Article 14.- Data message 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 manner in which the data message was
generated, stored or communicated; the manner to ensure and maintain the
integrity of the data message; the manner in which its originator was
identified, and on other relevant factors.
Article 15.- Storage of data message
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.
Section 2. SENDING AND RECEIPT OF DATA MESSAGES
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 and
designated by the originator to operate automatically;
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 he/she/it 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:
1. The time of sending a data message is the point of time
when such data message enters an information system outside the control of the
originator;
2. Place of sending a data message is the headquarters of
the originator if the originator is an agency or organization or the permanent
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
him/her/it and accessible;
b/ The recipient may consider each data message an
independent one unless such 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 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 message will be valid only when he/she/it
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 message from the recipient;
e/ Where the orginator 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, he/she/it may treat the data
message as though it had never been sent.
Article 19.- Time and place of receiving a
data message
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 mesage-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 mesage-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 orginator 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
1. An e-signature is established in the form of words,
letters, numerals, symbols, sounds or other forms by electronic means,
logically attached or associated with a data message and capable of certifying
the person who has signed it as well as the approval of such person to the
content of the signed data message.
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.
Article 23.- Principles of using e-signatures
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 to
identify the signatory and to indicate 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.
2. Where the law requires a document to be stamped with
seal of the concerned agency or organization, such requirement with respect to
a data message shall be considered having been met if the data message has an
e-signature of the agency or organization that satisfies the conditions
stipulated in Clause 1, Article 22 of this Law and the e-signature is
certified.
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 not 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
1. A party accepting e-signatures is the one that has
implemented the contents in the received data messages based on the reliability
of such e-signatures and e-certificates of the sender.
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 any limitation 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 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
1. Issuing, extending, suspending, restoring and revoking
e-certificates.
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.
7. Limitations on the purpose or scope of using the
e-certificate.
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 licensed 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-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:
a/ To carry out the e-signature certification service
activities specified in Article 28 of this Law;
b/ To comply with the provisions of law on e-signature
certification service-providing organizations;
c/ To use reliable technical equipment, processes and
resources to perform their tasks;
d/ To guarantee the accuracy and integrity of substantial
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 all 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 obligations as provided by law.
2. The Government shall specify the rights and obligations
of e-signature certification service-providing organizations defined in Clause
1 of this Article.
Section 3. MANAGEMENT OF E-SIGNATURE CERTIFICATION 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.
c/ Contents and forms of e-certificates.
d/ Procedures for issuance, extension, suspension,
restoration and revocation of e-certificates.
e/ The 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
The legal validity of an e-contract cannot be disclaimed
for the sole reason that it is expressed as a data message.
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.
Article 38.- Legal
validity of a notice in entry into and execution of e-contracts
In the process of entering into and execution of an
e-contract, a notice in the form of a data message shall be legally valid as a
notice in another traditional form.
Chapter V
E-TRANSACTIONS
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.
2. E-transactions of state agencies must comply the
provisions of this Law and relevant provisions of law.
3. A state agency shall, within its tasks and powers, take
initiative in carrying out a part or all of transactions within it or with
other state agencies by electronic means.
4. Based on socio-economic development conditions and their
specific situations, 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 their respective regulations which, however,
must not be contrary to the provisions of this Law and relevant provisions of
law.
Article 41.- Security, confidentiality
and storage of electronic information in state agencies
1. Periodically examining and ensuring security of
electronic data systems of their respective agencies in e-transaction process.
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 standby systems 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.
Chapter
VI
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 security measures in accordance with the provisions of the law
when conducting e-transactions.
2. Agencies, organizations and individuals must not use,
provide or disclose information on private and personal affairs or information
of other agencies, organizations and/or individuals which is accessible by them
or under their control in e-transactions without the latter's consents, unless
otherwise provided for by law.
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 control;
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;
e/ Other responsibilities provided for by law.
2. Competent state agencies shall take responsibility
before law for their requests.
Article 49.- Rights and
responsibilities of 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 data messages;
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.
Chapter
VII
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 sactioned or examined for penal 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 concilliation.
2. Where the parties cannot resolve their disputes, the
competence, order and procedures for the settlement of disputes over
e-transactions shall comply with the provisions of law.
Chapter
VIII
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.
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CHỦ
TỊCH QUỐC HỘI |
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(Signed) |
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Nguyen Van An |
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