(Below is advised based on Electronic Transactions Law 2023 effective from 1 Jul 2024)
According to Article 34 of the Electronic Transactions Law 2023, the provisions regarding electronic contracts are as follows:
1. An electronic contract, which is formed or performed through interaction between an automated information system and a person or among automated information systems, shall not be denied its legal effect because of lacking the verification or intervention of a human in each specific action performed by the automated information systems or in the contract itself.
2. The Minister, the Head of the Ministries level agency shall grant under its the authority or submit for issuance of the authorized departments on the conclusion and implementation of electronic contracts in the field within the scope of assigned tasks and powers, in accordance with practical conditions.
According to this, electronic contracts are still legally recognized just like traditional written contracts, even without human intervention in specific actions or the contract itself. However, in order to be legally valid, electronic contracts must comply with the principles specified in Article 36 of the Electronic Transactions Law 2023:
- Parties have the right to agree to use data messages, electronic means in whole or in part for the formation and performance of electronic contracts.
- The parties have the right to agree on technical requirements, conditions ensuring integrity, and related security of the electronic contract.
- The parties must comply with the provisions of the Electronic Transactions Law 2023, the provisions of the law on contracts, and other relevant legal regulations.
NOTE: According to current Vietnamese law, there are certain areas that do not apply to electronic contracts, such as issuing land use certificates, ownership of houses and other types of real estate, inheritance documents, marriage registration certificates, divorce decisions, birth certificates, death certificates, promissory notes, and other documents.
Therefore, in order to determine the nature and legal value of an electronic contract, we need to place it within specific relationships and transactions.
