ELECTRONIC TRANSACTIONS LAW based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
This law regulates the electronic transaction.
 
Chapter I GENERAL PROVISIONS article 1. Scope this law regulations on electronic transactions in the activity of the State bodies; in the field of civil, business, trade and other areas specified by law.
The provisions of this Act do not apply with respect to the certification of land use, ownership and other property, writing on inheritance, marriage certificate, divorce decision, birth certificate, death certificate, and other documents.
Article 2. The object to apply this law applicable to agencies, organizations, individuals choose transactions by electronic means.
Article 3. Application of electronic transaction Law case of difference between the provisions of the electronic transactions Law with regulations of other jurisdictions on the same issues in relation to electronic transactions shall apply the provisions of the electronic transactions Law.
Article 4. Explanation of terms In this law, the terms below are interpreted as follows: 1. the electronic certificate is the message data by service providers for electronic signature certificate issued in order to confirm the agencies, organizations, individuals are certified the signer's digital signature.
2. electronic signature authentication is the certification agencies, organizations, individuals are certified the signer's digital signature.
3. electronic registration program is a computer program designed to operate independently or through equipment, information systems, computer programs to create an electronic signature the signer-specific message data.
4. The database is a collection of sorted data, organizations to access, exploit, manage and update via electronic means.
5. data is the information in the form of symbols, letters, numbers, images, sound or similar format.
6. Electronic transactions as transactions made by electronic means.
7. automatic electronic trading is electronic transaction is made automatically each part or whole through the information system has been set up.
8. The information system is the system is created to send, receive, store, display or perform other processing for the message data.
9. Who is the intermediary agencies, organizations, individuals representing agencies, organizations, and individuals make sending, receiving or storing a data message or provides other services related to that data message.
10. Electronic media media activities is based on the technology of electric, electronic, digital, magnetic, wireless, optical transmission, or similar technology.
11. secure checkout process is the process that is used to verify the origin of the message data, electronic signature, detect changes or errors that appear in the content of a data message during transmission, receiving and storage.
12. Message data is the information generated, sent, received and stored by electronic means.
13. The organization provides authentication services for electronic signature is the organization performing the activity certified electronic signature as prescribed by law.
14. The organization provides networking services is organized to provide the infrastructure and other related services to make electronic transactions. The organization provides services including networking organization that provides Internet connection services, Internet service provider organizations and organizations providing the network access services.
15. electronic data interchange (EDI-electronic data interchange) is the transfer of information from one computer to another computer by electronic means under a standard agreement on the structure of information.
Article 5. General principles of conducting electronic transactions 1. Voluntarily choosing to use electronic means to make the transaction.
2. Negotiate the selection of the type of technology to make electronic transactions.
3. Not a technology category would be considered only in electronic transactions.
4. Ensure the equality and security in electronic transactions.
5. Protect the rights and legitimate interests of agencies, organizations, individuals, the interests of the State, the public interest.
6. Electronic transactions of State bodies must comply with the principles prescribed in article 40 of this law.
Article 6. The development and application of electronic transactions 1. Priority infrastructure investment development technology and training of human resources related to electronic transactions.
2. Encourages the agencies, organizations, personal investments and electronic trading applications under the provisions of this law.
3. support for electronic trading in the public service.
4. promote the development of e-commerce transactions, by electronic means and the computerization of activities of State bodies.
Article 7. Content management on electronic trading operations 1. Enact, implement the strategy, planning, development policy and planning, the application of electronic transactions in the areas of socio-economic, defense and security.
2. Issued, advocacy and organizing the legal text on electronic transactions.
3. Enactment, recognition of standards in electronic transactions.
4. The management of the Organization to provide services relevant to electronic transactions.
5. infrastructure development management technology for electronic trading activities.
6. The organization, management training, team building, training of officials and experts in the field of electronic transactions.
7. Inspection, checking the implementation of legislation on electronic transactions; complaints, accusations and handle breach of legislation on electronic transactions.
8. Manage and execute international cooperation activities regarding electronic transactions.
Article 8. Responsible for managing the State of electronic trading operations 1. The unified Government to manage state on the electronic transaction activity.
2. Postal and telecommunications Ministry responsible Government in the lead, in coordination with the ministries concerned made the governance of electronic trading activities.
3. The ministerial-level agencies, within the scope of the task, their powers are responsible for implementing State management on electronic trading activities.
4. the people's committees, the central cities in the scope of its powers, duties make the governance of electronic trading activities locally.
Article 9. The acts prohibited in the electronic trading of 1. Hinder the choice of using electronic transactions.
2. Obstructing or preventing an unauthorized transmission, send, receive message data.
3. Change, delete, cancel, counterfeit, copy, disclose, display, move left allowed a part or all of the message data.
4. Creating or distributing a software program that made the change, disorder, undermining the operating system or other acts aimed at undermining the infrastructure of electronic transactions.
5. Create message data to perform acts contrary to law.
6. Fraud, impersonate, misappropriate or unauthorized use of other people's electronic signature.
Chapter II MESSAGE DATA Item 1 the LEGAL VALUE of the MESSAGE DATA article 10. Form of expressing the data message message data is expressed in the form of electronic data exchange, electronic documents, electronic mail, telegram, telephone, fax and other similar forms.
Article 11. Legal value of the message data information in the message data being denied legal value just because that information is expressed in the form of a data message.

Article 12. Valuable data messages as text case law information request must be made in writing, the message data is considered to meet this requirement if the information contained in a data message that is accessible and usable for reference when needed.
Article 13. Valuable data message as the original message data has value as the originals when it meets the following conditions: 1. The content of the message data integrity is guaranteed since it was created first in the form of a data message.
The content of the message data is considered complete when it has not been changed, except the change of form arising in the process of sending, storing or displaying message data;
2. content of message data can access and use are as complete as necessary.
Article 14. Message data valuable evidence 1. Message data is not being denied the value used as the evidence just because it's a data message.
2. The value of data message evidence is determined based on the reliability of the way in the creation, storage or transmission of data messages sent; How secure and maintain the integrity of the data message; How determine the creator and other appropriate factors.
Article 15. Storing message data 1. Case law requires documents, records or information to be stored, the document, record or information that can be stored in the form of a data message when the following conditions are met: a) the content of the message that data is accessible and usable for reference when needed;
b) contents of message data that is stored in the format in which it was created, sent, received, or in a format which allows accurately represent the content of that data;
c) message data that is stored in a certain way lets identify the source, destination, date and time of sent or received data message.
2. The content, the time limit for storing message data is made according to the provisions of the law on archives.
Section 2 send, receive MESSAGE DATA article 16. Person in initialized message data 1. Person in initialized message data is the Agency, organization, individuals create or send a message data before that data messages be kept but does not imply the transfer of medial message data.
2. where the parties to the transaction have no other agreement identifying the originator of a data message shall be as follows: a) A message data are considered of the creator if that data messages be the creator sent or submitted by an information system are set to operate automatically due to the specified initialization;
b) recipients can treat message data is of the creator if applied the verification methods are approved by the creator and for the results of that data message is that of the creator;
c) since the time people get to know the technical errors in the transmission of a data message sent or have used the error verification method is the creator of approval does not apply to the provisions in point a and point b of this paragraph.
3. The person must be responsible before the law about the content of the message data by themselves.
Article 17. Time, location send message data in case the parties to the transaction have no other agreement, the time, location send message data are specified as follows: 1. when sending a data message is that the time of this message data entered into the information system outside the control of the creator;
2. Location send message data is the headquarters of the creator if the creator is the Agency, organization, or place of residence of the person in initialized if the creator is personal. The case of people who have more initialized the headquarters location send message data is most intimately connected with the transaction.
Article 18. Receiving message data 1. Message data recipients who are specified to receive the data message from the creator of data messages but does not imply the intermediate message transfer that data.
2. where the parties to the transaction have no other agreement of the gotten message data are specified as follows: a) the recipient is considered to have received the message data if the data message is entered into the system by which information and can access;
b) recipients have the right to treat each data message received is an independent data message, except that the data message is a copy of a data message which the recipient knew or forced to know the message that data is a copy;
c) where before or while sending the data message, the originator has requested or agreed with the recipient about the recipients to send yourself the confirmation message when receiving data messages, the recipient must comply with this agreement or required;
d) where before or while sending the data message, the originator has stated that the data message is only valid when the confirmation message, then the message data that is considered not sending until the creator receives notification of the recipients received confirmation that data message;
DD) where the creator sent the message data without statement of the recipient must send confirmation message as well and have not received the confirmation message, then the creator may notify the recipients have not received a confirmation message and assign a reasonable period of time to send the recipient to confirm; If the creator still do not receive the confirmation message within the specified time period, then the creator has the right view is yet to send that message data.
Article 19. Time, the receiving location data message in case the parties to the transaction have no other agreement, the time, the receiving location data messages are defined as follows: 1. in case the recipient has appointed an information system to receive the data message, the time of receipt is the time when the data message entered into the information system is specified; If the recipient does not designate an information system for receiving data messages, the data message received time is the time that data message entered into any information system of the recipient;
2. Location data messages received is the headquarters of the recipient if the recipient is the Agency, organization, or place of residence of the recipient if the recipient is the individual. The case has many recipients the headquarters location as accept message data is most intimately connected with the transaction.
Article 20. Send, receive automatic message data in case the originator or recipient specifies one or more automated information system to send or receive the data message sending, receiving message data is made according to the provisions of articles 16, 17, 18 and 19 of this law.
Chapter III the DIGITAL SIGNATURE and ELECTRONIC SIGNATURE CERTIFICATE section 1 the LEGAL VALUE of ELECTRONIC SIGNATURES article 21. Electronic signature

1. Electronic signatures are created in the form of letters, numbers, words, symbols, sounds, or other form by electronic means, attached or associated logical way with the message data, is likely to confirm the signed message data and confirm the consent of that person with respect to the content of the data message is signed.
2. an electronic signature is considered secure if electronic signatures that meet the conditions specified in paragraph 1 to article 22 of this law.
3. Electronic signatures can be certified by an organization that provides authentication services for electronic signature.
Article 22. Condition to ensure safety for electronic signatures 1. Electronic signatures are considered secure if verified by a process of checking safety by the parties to the transaction agreement and meet the following conditions: a) the electronic signature creation data only associated solely with the person in the context of the data used;
b) electronic signature creation data only in the control of the signatories at the time of signing;
c) any changes to electronic signatures after the time of signing can be detected;
d) any changes to the content of the message data after the time of signing can be detected.
2. Electronic signatures was organized to provide authentication services for electronic signature considered authentication ensure the safety conditions stipulated in paragraph 1 of this article.
Article 23. The principle of using electronic signatures 1. Unless otherwise specified by law, the parties involved in electronic transactions has the right agreement: a) to use or not to use electronic signatures to sign the data message during the transaction;
b) to use or not to use electronic signatures are certified;
c) choice of service provider organizations certified electronic signatures in case the deal using an electronic signature have attested.
2. Electronic signatures of State bodies must be certified by the Organization to provide authentication services for electronic signature by the authorized State Agency regulations.
Article 24. The legal value of electronic signatures 1. In case the law text to be signed then that request for a data message is deemed met if the digital signature used to sign the message data that meets the following conditions: a) the method of creating the electronic signature allows the signer to be verified and proven to be approved by the person who signed for the content message data;
b) that method is reliable enough and suitable for the purpose under which the data message was generated and sent.
2. In case the law texts should be stamped with the seal of the Agency, the organization that requests for a message data is considered met if that data messages be signed by electronic signature by the Agency, the organization that meet the conditions specified in paragraph 1 to article 22 of this law and electronic signatures that attest.
3. The Government specifies the management and use of electronic signatures, the Agency held.
Article 25. Obligations of the signed electronic signatures 1. The signed electronic signature or the legal representative of that person is the control program and use that device to confirm his intent for the signed message data.
2. The person signing the electronic signature has the following obligations: a) Has measures to avoid the use of illegal electronic signature creation data;
b) when electronic signatures can no longer in his control, must promptly using appropriate means to inform the parties accept electronic signatures and for service provider organizations certified electronic signature in the case of electronic signatures which are attested;
c) apply the necessary measures to ensure the accuracy and integrity of all information in the e-mail evidence in case the electronic certificate is used for authenticating electronic signatures.
3. The person signing the electronic signature must be responsible before the law on the consequences of non-compliance with the provisions in paragraph 2 of this Article.
Article 26. Obligations of the parties accept electronic signatures 1. The party to accept the electronic signature is the party has made the content in the message data received on the basis of trust in electronic signatures, electronic certificate of the sender.
2. the party to accept the electronic signature has the following obligations: a) conducting necessary measures to verify the reliability of an electronic signature before accepting electronic signatures;
b) undertook the necessary measures to verify the legal value of electronic messages and other limitations related to certified electronic mail in case the electronic certificate used for authentication of electronic signatures.
3. the party to accept the electronic signature must be responsible before the law on the consequences of non-compliance with the provisions in paragraph 2 of this Article.
Article 27. Acknowledge the electronic signature and electronic certificate abroad 1. The State recognizes the legal value of electronic signature and electronic certificate if foreign electronic signatures or electronic certificate that has reliability equivalent to the reliability of the electronic signature and electronic certificate according to the provisions of the law. Determining the level of reliability of the electronic signature and electronic certificate abroad are based on international standards was recognised, international treaties to which the Socialist Republic of Vietnam is a member, and other relevant factors.
2. specific government regulations about admitting electronic signature and electronic certificate.
Category 2 SERVICES CERTIFIED ELECTRONIC SIGNATURES Article 28. Authentication services for electronic signatures 1. Granted, renewal, suspension, revocation, recovery of email certification.
2. Provide the information needed to help certified electronic signature of the person who signed the message data.
3. Provide other services related to electronic signatures and authentication of electronic signatures according to the provisions of the law.
Article 29. The content of the electronic certificate 1. Information about the organization that provides authentication services for electronic signature.
2. Information about the agencies, organizations, individuals are given an e-mail message.
3. The number of certified electronic mail.
4. the term of validity of the certificate.
5. Data to check the digital signature of the certificate be issued electronically.
6. the Organization's electronic signature provides authentication services for electronic signature.
7. The restrictions on the purpose, the scope of use of electronic mail.
8. Limitations on the liability of the Organization to provide authentication services for electronic signature.
9. Other content as stipulated by the Government.
Article 30. The organization provides authentication services for electronic signatures 1. The organization provides authentication services for electronic signature consists organized service providers certified electronic signatures and public organizations offer services certified electronic signature use is allowed to perform the operation of electronic signature certificate under the provisions of the law.
2. organizations offer services certified electronic signature is the public organization that provides authentication services for electronic signature for agencies, organizations, individuals use in their public activities. Service provider operations certified electronic signatures in public is conditional business activities in accordance with the law.

3. organizations offer services certified electronic signature is used to provide authentication services for electronic signature for agencies, organizations, individuals use in professional activities or fields. Active authentication service provides specialized electronic signatures should be registered with the State administration of authentication services for electronic signature.
4. The Government specifies the establishment, organization, business registration, operations and mutual recognition of organizations offer services certified electronic signature defined in paragraph 2 and paragraph 3 of this article.
Article 31. Rights and obligations of the service provider organization certified electronic signatures 1. The organization provides authentication services for electronic signature has the following rights and obligations: a) performs the authentication service activities of electronic signature specified in article 28 of this law;
b) comply with the provisions of the law on the organization providing the service authenticating electronic signatures;
c) use technical equipment systems, processes and resources to perform their tasks;
d) ensure the accuracy and integrity of the basic content of the email evidence by themselves;
DD) public information on the electronic certificate granted, renewal, suspension, restoration or withdrawal;
e) provide the appropriate means to allow the parties accept electronic signatures and other State administration authorities can rely on the e-mail evidence to determine the exact source of data messages and electronic signatures;
g) informs the parties concerned in the event of a malfunction affecting the electronic signature authentication;
h) public notice and notice to those licensed electronic mail, to the authorities concerned within a period of ninety days before pause or terminate the operation;
I) host the information relevant to his electronic certificate issued within a period of at least five years, since the electronic certificate expired;
k) The other rights and obligations under the provisions of the law.
2. Government Regulation details the rights and obligations of the service provider organization certified electronic signature defined in paragraph 1 of this article.
SERVICE MANAGEMENT category 3 CERTIFIED ELECTRONIC SIGNATURES Article 32. The conditions for providing authentication services for electronic signatures 1. The organization provides authentication services for electronic signature must have the following conditions: a) have sufficient professional technical staff and management staff in accordance with the provision of authentication services for electronic signature;
b) have adequate facilities and technical equipment consistent with security standards, national safety;
c) registration with state regulators on activity provides certificate services for electronic signature.
2. Government regulation specific to the following content: a) the order and procedure of registration service providers certified electronic signatures;
b) technical standards, processes, personnel and other necessary conditions for active service providers certified electronic signatures;
c) the content and form of the certificate for electronic mail;
d) procedures, renewal, suspension, restoration and withdrawal of electronic certificate;
the storage mode) and public information related to the electronic certificate service provider organization certified electronic signatures;
e) conditions and procedures for service provider organizations endorse foreign electronic signature can be authenticated service provides electronic signature in Vietnam;
g) The content with any other activities necessary to provide authentication services for electronic signature.
Chapter IV CONCLUDING and IMPLEMENTING ELECTRONIC CONTRACTS Article 33. Electronic contract electronics contract is a contract is established in the form of a data message as defined by this law.
Article 34. Acknowledge the legal value of electronic contract the legal value of electronic contracts can not be denied just because the contract which is expressed in the form of a data message.
Article 35. The principle of concluding and execution of electronic contracts 1. The parties to the agreement have the rights to use the electronic media in the delivery and implementation of the contract.
2. The delivery and implementation of electronic contracts must comply with the provisions of this law and the law of contract.
3. When concluding and implementing an electronic contract, the parties have the right to agree on technical requirements, testimonials, the conditions ensuring the integrity, security related to electronic contracts.
Article 36. Electronic contracts 1. Electronic contracts is the use of data messages to conduct part or all of the transactions in the course of concluding the contract.
2. in concluding the contract, except where the parties have other agreements, contracts and proposals accepted contracts can be done through message data.
Article 37. The recipient, sender, time, location, send the message data in the electronic contract execution and The recipient, sender, time, location, send the message data in concluding and implementing electronic contracts are made according to the provisions of articles 17, 18, 19 and 20 of this law.
Article 38. Legal value of the message in the delivery and implementation of electronic contracts In the delivery and implementation of electronic contract, notice in the form of a data message has no legal value as reported by traditional methods.
Chapter V the ELECTRONIC TRANSACTIONS of STATE BODIES Article 39. The types of electronic transactions of State bodies 1. Electronic transactions within State agencies.
2. Electronic transactions between State agencies together.
3. Electronic transactions between State bodies with agencies, organizations and individuals.
Article 40. Principles for the conduct of electronic transactions of State bodies 1. The principles stipulated in the paragraph 3, 4 and 5 article 5 of this law.
2. The electronic transactions of State bodies must conform to the provisions of this law and the provisions of relevant laws.
3. State bodies within the scope of the task, their powers actively done partially or wholly internal transactions within the agency or with other organs of State by electronic means.
4. Based on the conditions of socio-economic development and on the specific situation, the Government agency define a logical route using electronic means in these types of transactions specified in article 39 of this law.
5. Agencies, organizations, individuals have the right to choose the method of dealing with State agencies if that State organs at the same time accept the transaction according to the traditional method and electronic means, unless otherwise specified by law.
6. When conducting electronic transactions, State bodies are specified: a) format, the form of a data message;
b) the type of electronic signature, electronic signature authentication in case the electronic transaction needs to have a digital signature, the digital signature certificate;
c) the processes ensure the integrity, security and confidentiality of electronic transactions.
7. provision of public services of the State authorities in electronic form was established on the basis of that Agency's rules but are not contrary to the provisions of this law and other provisions of the relevant laws.
Article 41. Ensure the safety, security, and storage of electronic information in State bodies 1. Periodically check and ensure the security of electronic information system of the Agency itself in the process electronic transactions.
2. Ensure the confidentiality of information relating to electronic transactions, not using the information for other purposes is contrary to the provisions on the use of that information, not to disclose information to third parties under the provisions of the law.

3. Ensure the integrity of data messages in electronic transactions conducted by themselves; ensure safety in the operation of the computer network system of the Agency.
4. Establishment of a database of the corresponding transaction, secure information and preventive measures in order to restore information in case of electronic information systems was bugs.
5. Ensure the safety, security and storage of information according to the provisions of this law and the provisions of relevant laws.
Article 42. The responsibility of State agencies in the case of electronic information system error 1. In the case of electronic information system of State bodies is corrupted, does not guarantee the security of message data, the organ which has the responsibility to notify the user about the problem and apply the necessary measures to remedy.
2. State bodies are responsible before the law if it does not comply with the provisions in paragraph 1 of this article.
43 things. The responsibility of agencies, organizations, individuals in electronic transactions with the State bodies, organizations, individuals when conducting electronic transactions with State authorities responsible for compliance with the provisions of this law, the regulations on electronic transactions by the competent State agencies issued and the provisions of relevant laws.
Chapter VI security, secure, PROTECT, SECURE ELECTRONIC TRANSACTIONS in Article 44. Ensuring security, safety in electronic transactions 1. Agencies, organizations, individuals have the right to choose the measures to ensure security and safety in accordance with the law when conducting electronic transactions.
2. Agencies, organizations, individuals when conducting electronic transactions is responsible for implementing the measures necessary to ensure the operation of information systems smoothly in its control; the case caused technical errors of information systems to do damage to organs, organizations, and individuals shall be dealt with according to the provisions of the law.
3. Agencies, organizations, individuals are not to make any acts aimed at obstructing or detrimental to ensuring safety, security in electronic transactions.
Article 45. Message data protection agencies, organizations, individuals are not to make any action detrimental to the integrity of the data message bodies, organizations, and individuals.
Article 46. Information security in electronic transactions 1. Agencies, organizations, individuals have the right to choose the appropriate security measures with the provisions of the law when conducting electronic transactions.
2. Agencies, organizations, individuals are not used, provide or disclose confidential information about the private life or the Agency's information, organizations, and individuals that reach or control in electronic transactions without their consent, unless the law otherwise.
Article 47. Liability of network service providers organization 1. The organization provides a network service is responsible, in coordination with the authorities of building regulations and technical measures to prevent, prevent the use of network services to distribute the message data with content that does not fit with traditional culture, ethics of the nation , prejudicial to national security, social order and safety, or violate the provisions of the law.
2. network service provider organizations must be responsible before the law if not promptly remove the message data specified in clause 1 of this article when the network service provider organization that has received the notice of the competent State bodies.
Article 48. The responsibility of agencies, organizations, individuals upon request of competent State agencies 1. When required by the competent State authorities, agencies, organizations, individuals have the following responsibilities: a) the retention of a certain message data, including moving the data to a different computer system or where other retention;
b) maintains the integrity of a certain message data;
c) produce or provide a certain message data including encryption and other encryption methods that the Agency, organization, or individual that are in control;
d) produce or provide information about the person using the services in the case of agencies, organizations, individuals are required to provide the services people have control of that information;
DD) other duties as prescribed by law.
2. the competent State agencies must be responsible before the law for his request.
Article 49. The rights and responsibilities of the competent State bodies 1. The competent State bodies have the following rights: a) search or make the form accessible for part or the entire computer system and the data message in the system;
b) capturing the whole or part of the computer system;
c) copy and retain a copy of a data message;
d) preventing access to a computer system;
DD) other rights prescribed by law.
2. When implementing the rights specified in paragraph 1 of this article, the competent State agencies must be responsible before the law for his decisions.
Chapter VII DISPUTES and HANDLE INFRINGEMENT of article 50. Handle violation of legislation on electronic transactions 1. People are violations of the law on electronic transactions, then depending on the nature and extent of the violation that was disciplined, the administrative sanction or prejudice criminal responsibility, if the damage is compensated according to the provisions of the law.
2. Agency Organization law violations in electronic transactions, then depending on the nature and extent of the violation that sanctioned politically active suspension, if the damage is compensated according to the provisions of the law.
Article 51. Disputes in electronic transactions in the electronic transaction disputes are disputes arising in the course of transactions by electronic means.
Article 52. Dispute resolution in electronic transactions 1. The State encourages the parties in electronic transactions settled through mediation.
2. In case the parties cannot be reconciled, the jurisdiction, the order and procedure for resolving disputes on electronic transactions to be conducted in accordance with the law.
Chapter VIII TERMS of ENFORCEMENT of Article 53. Effect of this Law has effect from 1 March 2006.
Article 54. Government enforcement guide detailing and guiding the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam, POKER 8 session course through November 29, 2005.