Signing an e-contract
1. E-contract signing rules
Article 35 of the Law on Electronic Transactions according to Vietnamese law stipulates that the signing and drafting of an Electronic Contract must ensure the following contents:
– The subject parties have the right to exchange and agree on the use of electronic means in the conclusion and performance of the contract.
– The signing and drafting of electronic contracts must comply with the provisions of this Law and the law on contracts.
– When signing and drafting an electronic contract, the parties have the right to discuss technical requirements, authentication, conditions to ensure integrity and security related to such electronic contract.
2. E-contract signing process
According to the Law, for a contract to be formed, there needs to be a joint declaration and acceptance of the parties’ intentions. The first statement of intent is interpreted as an offer by party A which includes a proposal to establish a contract, and the other as acceptance by party B. The counterparty can be an individual, or a group, base.
To make an offer have legal value:
- The offer must contain all essential factors of the contract
- The offeror intends to be bound by the offer
- The offer must be directed to the other side
3. Time, place to receive and send the data of the e-contract
Instead of the case that the parties who join in the contract have other deals, the time and place to send the data message are determined as follows:
- The time of sending a data message is the time when sending this data message beyond the control of the sender in the information system.
- The place to send data messages is the head office of the sender if the sender is an agency or organization; or the place of residence of the sender if the sender is an individual.
- In case the sender has many central offices, the place where the data and the message is sent is the office that is most relevant to the transaction.
4. Legal value of e-contract
In fact, the legal framework on contracts in general and e-contracts in particular is quite comprehensive and synchronous. Specifically, Vietnam has promulgated the Law on Electronic Transactions No. 51/2005/QH11, dated November 29, 2005 “Law on Electronic Transactions 2005” on the basis of inheriting most of the provisions under the UNCITRAL Model Law ( United Nations International Commission on Commercial Law on Electronic Commerce) 1996.
On that basis, the Government of Vietnam has issued guiding legal documents, notably, Decree No. 130 2018 ND-CP detailing the implementation of the 2005 Electronic Transactions Law on digital signatures and digital signature authentication service; and Decree No. 52 2013 ND-CP on e-commerce. Legal documents guiding the 2005 Electronic Transactions Law in specialized fields such as accounting, finance, banking, and insurance have also been promulgated, creating synchronization and ensuring legal validity. of the e-contract as well as the security and integrity of the data messages contained in the e-contract.
Notably, the effect of the contract in general and e-contract in particular base on the standards following the rules of Civil Code 2015, containing:
- The transaction must have legal status or legal capacity suitable for such transaction; The parties must enter into it voluntarily.
- The purpose and content of the transaction must not contravene the law, social ethics, and the form of the contract must be in accordance with the provisions of the law, not relying solely on the way the contract is entered into.
In other words, entering into a contract in the form of a written, oral or electronic means is not a decisive factor affecting the legal validity of a contract in general and an electronic contract in particular.
As one of the first solution providers and market leaders in electronic and digital contracts, possessing high-level security certificates and ensuring legal compliance. FPT.eContract is a leading provider of e-contract related services for individuals and businesses in Vietnam.
For more information about e-contract FPT.eContract, please contact:
FPT Information System Company Limited – FPT Information System
24/7 Call Center: 1900.636.191- ext 1
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South: 0934.453.466; 0932.991.468
24/7 Call Center: 1900.636.191 – ext 3
The electronic contract authenticated by the Ministry of Industry and Trade through the signing platform FPT.eContract is ready