E-contracts and legal provisions related to e-contracts

What is an electronic contract? 

An electronic contract is a digital contract created and signed digitally. E-contracts can be created online to be emailed to stakeholders to enable them to sign contracts electronically through their mobile devices. 

The electronic signature made on the electronic document / contract shows that the singer signed the contract after careful review, he accepts the terms and conditions mentioned in the digital contract and voluntarily agree to that contract. 

After digitally signing the document, the signer shares it with the document creator as a final step. All the names of the parties connected to the document perform the same process. There is a more common type of electronic contract in the form of “click to agree”. We see such types of electronic contracts when we download any software or want to install it into the computer system. Here the user must click on the “I agree” checkbox to display the content of the terms and conditions of installation of the software.

According to Article 33 of the Law on Electronic Transactions No. 51/2005/QH11 dated November 29, 2005 stipulating on Electronic Contracts: “An electronic contract is a contract established in the form of a data message in accordance with the provisions of law. provisions of this Law”. According to the provisions of Article 34 of the Law on Electronic Transactions No. 51/2005/QH11, Article 34 on recognition of the legal value of an electronic contract: “The legal value of an electronic contract cannot be denied just because the contract is valid. that contract is represented in the form of a data message”. 

According to the provisions of Article 36 of the Law on Electronic Transactions No. 51/2005/QH11 on entering into electronic contracts: “1. Concluding an electronic contract is the use of data messages to conduct part or all of a transaction in the process of entering into a contract. 2. In entering into a contract, unless otherwise agreed by the parties, the request to enter into a contract and accept the conclusion of the contract may be made through data messages. 

According to the provisions of Clause 3, Article 3 of Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce: “3. Electronic documents in commercial transactions (hereinafter referred to as electronic documents for short) are contracts, proposals, notices, confirmations or other documents in the form of data messages given by related parties. to enter into or perform a contract”. 

According to the provisions of Clause 1, Article 119 of the Civil Code No. 91/2015/QH13 dated November 24, 2015 on the form of civil transactions: “1. Civil transactions are expressed verbally, in writing or by specific acts. Civil transactions through electronic means in the form of data messages according to the provisions of the law on electronic transactions are considered written transactions.

An electronic contract requires ensuring the same contents as a paper contract, including: The object of the contract; Quality quantity; Price, payment method; Time, place and method of contract performance; Rights and obligations of each party; Liability if breach of contract; Ways to resolve disputes. 

In addition, the electronic contract also requires additional contents: 

– Legal address: in addition to the normal postal address, the electronic contract also requires an email address, a website, an address specifying the date and time of the place to send the data message, etc. These addresses have important meanings to determine the certainty, the actual existence of the contracting parties as the subject of the conclusion of an electronic contract. 

– Rules on access and rectification of electronic information. Such as withdrawing or canceling a contractual agreement on the Internet. 

– Rules on electronic signatures or other methods such as passwords, codes, etc. to identify valuable information about the contracting parties. – Detailed regulations on electronic payment methods. For example, payment by credit card, electronic money, e-wallet, etc., because payments in electronic contracts are also often made through electronic means.

Principles of ensuring sufficient reliability of e-contracts in e-commerce transactions The process of forming, storing and managing e-contracts ensures that contract information is not leaked (ON-PREMISE, HASH) -SIGNING) An electronic contract with an electronic seal authenticated by the Ministry of Industry and Trade Ensure the process of verifying contract content over time in accordance with the law, regardless of changes in technology

FPT.eContract or electronic contract is used for the following cases: 

Bank Finance: 

– Open an account at home 

– Notice of service agreement change 

– Make procedures for loans remotely Insurance 

– Open an insurance policy 

– Signing vouchers for payment of fees, limit change, renewal 

– Signing the voucher of limit change

– Signing Real Estate Contract Renewal Documents 

– Sign and pay the rental contract 

– Deposit agreement 

– Purchase and sale contract Labor contract 

– Sign labor contracts for factories and organizations with a large number of employees

– Sign human resource service contracts for seasonal positions 

Healthcare 

– Register for medical examination and treatment 

– Pay fees, sign service invoices 

– Signing with partners and service providers for Multidisciplinary hospital

– Sale contract 

– Brokerage contract 

– The order 

– Test records 

Education 

– Contract signed between the School and the teacher 

– Contract signed between 

School and Students’ Parents 

– Contract signed between the University and service providers: meals, books, notebooks, extracurricular activities… 

– Contract signed between the University and agencies at all levels 

Travel 

– Framework contract with suppliers, service providers of restaurants, food and beverage, amusement parks – traditional partners, car services, hotels, restaurants.

For more information, please contact FPT Electronic Contract:

Phone: 1900.636.191

Email: fpt.econtract@fpt.com.vn

Website: econtract.fpt.com.vn/

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Lê Thị Mai Phương