Legal document newsletter week 16/09/2023

POINTS TO NOTE RELATED TO ELECTRONIC TRANSACTION LAW NO. 20/2023/QH15  

Electronic Transaction Law No. 20/2023/QH15 issued on June 22, 2023 takes effect from July 1, 2024 and replaces Electronic Transaction Law No. 51/2005/QH11 (except for the cases specified in Article 53 of the Law on Electronic Transactions No. 51/2005/QH11). There are some points to note as follows: 

1. Adjustment range 

Electronic Transaction Law No. 20/2023/QH15 only regulates the implementation of transactions by electronic means, does not regulate the content, form, and conditions of transactions. Transactions in any field will be governed by specialized laws of that field. 

2. Responsibility for State management of electronic transactions 

Electronic Transaction Law No. 20/2023/QH15 stipulates that the Ministry of Information and Communications is the focal agency responsible to the Government for presiding over and coordinating with ministries and ministerial-level agencies to carry out management. State on electronic transactions. Ministries, ministerial-level agencies, People’s Committees of provinces and centrally-run cities coordinate with the Ministry of Information and Communications to implement state management of electronic transactions in fields and areas within their scope of responsibility. assigned duties and powers. 

3. Electronic signature  

Law on Electronic Transactions No. 20/2023/QH15 basically does not change in principle, only generalizing, amending and supplementing specific regulations on electronic signatures, specialized electronic signatures, and digital signatures. .  

4. Prohibited acts in electronic transactions 

Electronic Transaction Law No. 20/2023/QH15 stipulates more specifically prohibited content and behaviors, creating favorable conditions for compliance with the law. 

5. Data messages 

Data messages have the same value as documents, data messages have the same value as the original, data messages have the value of being used as evidence to create a legal basis for actual implementation.  

6. Electronic transactions of state agencies  

Electronic Transaction Law No. 20/2023/QH15 specifically regulates types of electronic transactions, activities, responsibilities of state agencies and supporting regulations to promote electronic transactions. 

7. Convert form between paper documents and data messages 

Law on Electronic Transactions No. 20/2023/QH15 adds conditions for converting forms between paper documents and data messages. Accordingly, data messages converted from paper documents must meet the following requirements: 

  • Information in data messages is guaranteed to have the same integrity as paper documents. 
  • The information in the data message is accessible and usable for reference. 
  • There is a separate symbol confirming that it has been converted from a paper document to a data and information message of the agency, organization or individual performing the conversion. 

In case the paper document is a license, certificate, certificate, confirmation document, or other approval document issued by a competent agency or organization, the conversion must meet the above requirements and There must be a digital signature of the agency or organization performing the conversion, unless otherwise prescribed by law. 

Paper documents converted from data messages must meet the following conditions: 

  • Information in paper documents is guaranteed to be as complete as data messages. 
  • There is information to identify the information system and information system owner that creates, sends, receives, and stores original data messages for lookup. 
  • There is a separate symbol confirming that the data message has been converted to a paper document and information of the agency, organization or individual performing the conversion. 

In case the data message is an electronic certificate, the conversion must meet the above requirements and must have the signature and seal (if any) of the agency or organization performing the conversion in accordance with the provisions of law. the law. 

The legal value of the document is converted according to the provisions of relevant laws. 

8. Information system serving electronic transactions  

Electronic Transaction Law No. 20/2023/QH15 stipulates that information system owners are responsible for monitoring their systems; State agencies manage reporting, synthesis, and sharing of data to serve state management of electronic transactions by electronic means.