The Ministry of Information and Communications collects comments for the revised Law on Electronic Transactions

The Ministry of Information and Communications is collecting opinions from agencies, organizations, businesses and people on the draft Law on Electronic Transactions (amended).

In the draft report on the development of the Law on Electronic Transactions (amended), the Ministry of Information and Communications said that, after nearly 15 years of implementation, the Law on Electronic Transactions together with the Laws on IT, Telecommunications, and Radio Frequency , Cyberinformation security, Cybersecurity and other specialized laws have created a legal corridor to strongly support the application of IT, promote electronic transactions, and contribute to improving the efficiency of socio-economic development. association, applying science and technology to administrative reform.

However, despite its positive contributions to socio-economic development, in the context of rapidly changing technology, the 2005 Law on E-Transactions still revealed a number of existing problems, including limitations. regime.

Therefore, it is very necessary to develop a draft of the Law on Electronic Transactions (amended) and submit it to the National Assembly for consideration and approval, in order to realize the views and policies of the Party, and solve problems and inadequacies. in the implementation of the 2005 Law on Electronic Transactions, meeting the practical requirements of socio-economic development, promoting digital transformation and digital society, ensuring consistency and synchronization with relevant legal provisions. relate to.

In the draft report, the Ministry of Information and Communications clearly stated that the forward purposes of the development of the Law on Electronic Transactions (amended) are to institutionalize the guidelines and lines of the Party and the State on completing the electronic transactions. institutional improvement of electronic transactions; overcome difficulties and inadequacies in practice over 15 years of implementation as well as inadequacies arising between the provisions of the Law on E-Transactions and other legal documents promulgated by the National Assembly later.

Specifically, to develop a unified Law, create a complete legal corridor to carry out the transformation of activities from the real environment to the digital environment in all industries and fields, and still comply with the assignment. current state management that ministries and branches will be responsible for according to their assigned arrays and fields.

Overcoming the inadequacies, shortcomings and limitations of the current Law, especially regarding the issue of ensuring the legal value of electronic transactions; legalize practical issues required and ensure the consistency of the current legal system.

Affirming legal value for electronic transactions, recognizing that electronic transactions have the same legal value as traditional transactions in a real environment. Specific regulations on conditions to ensure the legal value of electronic transactions. At the same time, prioritize and encourage the implementation of electronic transactions by making regulations and policies to make electronic transactions cheaper, faster, easier and safer than traditional transactions.

The Ministry of Information and Communications also said that the 2005 Law on Electronic Transactions has a structure of 54 articles and is divided into 8 chapters. After amending and supplementing, it is expected that the Law on Electronic Transactions (amended) will have a layout of 11 chapters with 103 articles. The amendments and supplements focus on the main groups of content in the nine policies approved by the Government, including: Regulations on expanding the scope of regulation of the Law on Electronic Transactions, under which it is proposed to open widen the scope of application of electronic transactions to all activities of social life; Regulations on ensuring the legal validity of data messages in order to solve the inadequacies of the Law on Electronic Transactions 2005; Regulations on ensuring the legal validity of electronic signatures, management of e-signature certification services…

Previously, in Resolution 152 of December 3, 2021 of the Government on thematic session on law-making in November 2021, the Government basically agreed on the necessity, views and objectives of amending the Law on Transport. electronic translation to institutionalize the Party’s policy on actively participating in the fourth industrial revolution; overcome obstacles and inadequacies in the implementation of the Law in order to have appropriate new policies.

At the same time, do not leave a legal gap because new technologies are developing very quickly, affecting most areas of economic and social life; promoting reliable, secure electronic transactions in line with international practices to implement faster and more effectively the digital transformation process, develop digital government, digital economy and digital society.

The Government has assigned the Ministry of Information and Communications to coordinate with the Ministry of Justice to complete the application for the Law in accordance with the provisions of the Law on Promulgation of Legal Documents; assigned the Minister of Justice, authorized by the Prime Minister, on behalf of the Government to submit to the National Assembly Standing Committee to propose the addition of the Law project to the 2022 Law and Ordinance Development Program for submission to the National Assembly at the National Assembly session. third, the 15th National Assembly.

Van Anh