Legal basis

• Civil Code 2015
• Law on Electronic Transactions 2005
• Decree 52/2013/ND-CP on e-commerce
• Decree 85/2021/ND-CP amending Decree 52/2013/ND-CP on e-commerce

Content

Article 36 of the 2005 Law on Electronic Transactions stipulates the signing of an electronic contract as follows: “Entry into e-contracts means the use of data messages to execute part or whole of transactions in the process of entering into contracts.

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”.

Data messages are expressed in the form of electronic data exchange, electronic documents, electronic mail, telegram, telegraph, fax and other similar forms. The fact that the parties send emails, telegrams, faxes, electronic documents and electronic data for the purpose of entering into an electronic contract is the parties’ participation in the process of concluding an electronic contract.

Thus, it can be seen that, unless otherwise agreed by the parties, the conclusion of an electronic contract is also related to an offer to enter into a contract and to accept the conclusion of a contract through the use of data messages. Within the scope of this article, we will present the current legal provisions on Acceptance of offers to enter into E-contracts

+ Regarding acceptance of electronic contract signing: Acceptance of an offer to enter into an electronic contract is done through electronic means and telecommunications networks. Because the contract is not received directly, but through the method of sending and receiving in the internet environment. According to current legal regulations, the recipient, time and place of receiving data messages in the conclusion and performance of an electronic contract shall comply with the provisions of Articles 17, 18, 19 and 20 of the Law on Transport. electronic translation 2005, according to which:

+ Data message receiver is the person designated to receive the data message from the originator of the data message, but does not include the intermediary that transmits the data message. Unless otherwise agreed by the parties to the transaction, the receipt of data messages is regulated as follows:

• A recipient is deemed to have received a data message if the data message is entered into an information system designated by that person and is accessible;
• The recipient has the right to treat each data message received as an independent data message, except where the data message is a copy of another data message of which the recipient is aware or is required to know the data message. whether it is a copy;
• In case before or while sending a data message, the originator requests or agrees with the receiver that the recipient must send him/her a confirmation message upon receipt of the data message, the receiver must comply this request or agreement;
• If, before or during the sending of a data message, the originator has declared that the data message is valid only when a confirmation message is received, the data message is considered unsent until the originator receipt of the recipient’s notification confirming receipt of the data message;
• Where the originator has sent a data message without declaring that the receiver must send the confirmation message and has not received the confirmation message, the originator may notify the recipient that the message has not been received. notifies the confirmation and assigns a reasonable amount of time for the recipient to send the confirmation; if the originator still does not receive the confirmation message within the specified time, the originator has the right to consider that the data message has not been sent.

+ Time of receiving data messages: Unless otherwise agreed upon by the parties to the transaction, the time of receiving data messages is specified as follows:

• Where the recipient has specified an information system to receive the data message, the time of receipt is the time the data message enters the specified information system;
• if the recipient does not specify an information system to receive the data message, the time of receipt of the data message is the time the data message enters any of the recipient’s information systems;

+ The location of receiving data messages is the headquarters of the recipient if the recipient is an agency, organization or habitual residence of the recipient if the recipient is an individual.

In case the recipient has many locations, the location of receiving the data message is the one with the closest relationship to the transaction.

In case the recipient designates one or more information systems to automatically receive data messages to accept the conclusion of an electronic contract, the sending of data messages shall comply with the provisions of Articles 16, 17, 18 and 19 of the Law on Electronic Transactions 2005.

Above is our consultancy about this issue. If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nguyen Duc Trong via hotline: 0912.35.65.75, 0912.35.53.53 or call the free legal consultation hotline 1900.6575 or send a service request via email: info@hongbanglawfirm.com hoặc lienheluathongbang@gmail.com

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