THE NATIONAL ASSEMBLY -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 51/2005/QH11	Hanoi, November 29, 2005

LAW

ON E-TRANSACTIONS

THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIETNAM

XI^thTenure, 8^th session

(From October 18 to November 29, 2005)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, as amended under Resolution No. 51/2001/QH10 dated December 25, 2001 of the X^th National Assembly, the 10^th session;

This Law provides for e-transactions.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for e-transactions in the operations of state agencies; in 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, ownership of houses and other 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. Interpretation of terms

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.

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