What is an e-contract and in what fields can e-contracts be used?

fieldsWhat is an E-contract? 

Is an agreement created and ‘signed’ electronically? E-contracts don’t need paper use. A specific example is a contract you write on your computer to send to a business partner, who will then email back with an electronic signature indicating acceptance of the agreement.

According to Article 33 of the Law on Electronic Transactions No. 51/2005/QH11 dated November 29, 2005 stipulating on E-contracts: “An E-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 E-contract: “The legal value of an E-contract cannot be denied just because 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 E-contracts: “1. Concluding an E-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 E-contract requires the same contents as a paper contract, including: 

Contract object; 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 E-contract also requires additional contents:

– Legal address: in addition to the normal postal address, the E-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 E-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, … 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 E-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 E-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 E-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 hospitals

– Sale contract 

– Brokerage contract 

– The order 

– Test records 

Education 

– Contract signed between the School and the teacher 

– Contract signed between 

School and Students’ Parents 

For more information, please contact FPT E-contract:

Phone: 1900.636.191

Email: fpt.econtract@fpt.com.vn

Website: econtract.fpt.com.vn/

Contact FPT eContract

Lê Thị Mai Phương