Announcement of the President's decree on the Law on Electronic Transactions
The Law on Electronic Transactions has 8 new contents, creating a complete, comprehensive legal corridor, facilitating the conversion of activities from the real environment to the digital environment in all industries and fields.
On the morning of July 17, authorized by the President, the Office of the President held a press conference to announce the President's order with 8 laws passed by the 15th National Assembly at the 5th Session, including the Law on Electronic Transactions (effective from July 1, 2024) (GDĐT).
Regarding the necessity of promulgating the law, on behalf of the drafting agency, Deputy Minister of Information and Communications Nguyen Huy Dung said that the law aims to fully institutionalize the viewpoints and policies of the Politburo, overcome existing difficulties and shortcomings of the Law on Education and Training (2005), in accordance with current legal regulations and commitments in international treaties to which Vietnam is a member, meet the requirements and promote comprehensive digital transformation for the entire population.
Deputy Minister Nguyen Huy Dung announced 8 basic new contents of the law. The Law on Education and Training (2023) inherits 33 amended and supplemented articles, and 18 new provisions compared to the Law on Education and Training (2005).
Firstly, in terms of scope of regulation, the Law on E-Government helps many current laws take immediate effect in the digital environment.
Second, the new law has inherited, amended and supplemented the concepts of “electronic signature”, “digital signature”, “timestamp”, “electronic contract”, “digital data”, “master data”, “electronic environment”, “electronic certificate”, “digital signature certification service”, “intermediary”...
Third, regarding prohibited conduct in education, the law stipulates in more detail the prohibited content and conduct, creating favorable conditions for compliance with the law.
Fourth, regarding data messages, data messages have the same value as documents, data messages have the same value as originals, data messages have the same value as evidence to create a legal basis for practical implementation.
Introducing the concept of electronic certificates and ensuring legal value for this form is a major breakthrough to promote educational activities in all sectors, fields and society.
Fifth, regarding electronic signatures, the Law on Electronic Registration remains essentially unchanged in principle, only generalizing, amending, and supplementing specific regulations on electronic signatures, specialized electronic signatures, and digital signatures. Recognition of foreign electronic signature certification service providers; recognition of foreign electronic signatures and electronic signature certificates...
Sixth, regarding the conclusion and execution of electronic contracts, it is the use of data messages to conduct part or all of the transaction in the process of concluding electronic contracts. The Law stipulates that the Minister and Head of a ministerial-level agency shall promulgate, under their authority, or submit to a competent authority to promulgate regulations on the conclusion and execution of electronic contracts in the field within the scope of assigned tasks and powers, in accordance with practical conditions.
Seventh, public education and training of state agencies includes: public education and training within state agencies; public education and training between state agencies; public education and training between state agencies and agencies, organizations and individuals.
Open data is widely published by competent state agencies for agencies, organizations and individuals to freely use, reuse and share.
The law stipulates that state agencies are allowed to hire experts from the annual state budget to advise on database construction. This provision initially removes difficulties in using public funds for the maintenance and operation of information systems, including hiring consultants to build databases.
Eighth, regarding the information system serving e-education compared to the Law on E-education (2005), the law has added specific regulations on types of information systems serving e-education; e-education accounts; responsibilities of owners of information systems serving e-education, especially with digital intermediary platforms serving e-education with large scale, number of users in Vietnam or number of monthly accesses from users in Vietnam...