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 33 of the 2005 Law on Electronic Transactions of Vietnam stipulates that “An electronic contract is a contract established in the form of a data message according to the provisions of this Law”. According to this definition, an electronic contract must first of all be a contract (an agreement between the parties on the establishment, change or termination of civil rights and obligations under Article 385 of the Civil Code 2015) and is set up as an electronic data message.

According to Article 10 of the Law on Electronic Transactions 2005, “Data messages expressed in the form of electronic data exchange, electronic documents, electronic mail, telegram, telegraph, fax and similar forms. is different”. Information in a data message cannot be denied legal validity simply because it is represented in the form of a data message. Where the law requires information to be in writing, a data message is considered to meet this requirement if the information contained in the data message is accessible and usable for reference when necessary.

A data message has the same value as the original when the following conditions are met: (i) The content of the data message is guaranteed to be intact since it was first initialized as a data message. complete data: (ii) The content of a data message is considered complete as long as the content has not been changed, except for changes in appearance arising during the sending, storage or display of the data message. Whether; (iii) The content of the data message is accessible and usable in its complete form as needed.

Article 34 of the Law on Electronic Transactions 2005 recognizes the value of electronic contracts with the stipulation that: “The legal value of an electronic contract cannot be denied just because the contract is expressed in the form of a data message. Whether”. It can be seen that Vietnamese law recognizes the validity of an electronic contract. The provisions of Vietnamese law are consistent with the provisions of the Model Law on Electronic Signatures promulgated by UNCITRAL in 2001 and the 2005 United Nations Convention on International Electronic Contracts. UNCITRAL Model Law on E-commerce (1996) affirmed the legal validity of electronic transactions, confirmed that data messages met the requirements for the form of documents and confirmed the legal validity of electronic signature.

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

Wishing you and your family good health, peace and success!

Best regards!