Judicial reform in nearly 40 years of innovation and solutions to improve the effectiveness of judicial reform, ensuring social justice in Vietnam today

Performing electronic transactions in general and performing electronic contracts in particular is the process by which the parties "realize" the rights and obligations previously agreed upon in the contract, and must ensure the provisions of law, including the issue of electronic transaction security. According to Article 35 of the 2005 Law on Electronic Transactions: "Parties have the right to agree to use electronic means in concluding and performing contracts; concluding and performing electronic contracts must comply with the provisions of this Law and the law on contracts; when concluding and performing electronic contracts, the parties have the right to agree on technical requirements, authentication, conditions to ensure the integrity and security related to that electronic contract". In addition, the issue of confidentiality related to the implementation of electronic contracts in the commercial field has also been stipulated in Clause 4, Article 289 of the 2005 Commercial Law, specifically: "The subject has the obligation to keep confidential the business secrets that have been franchised in the commercial contract".
 
However, in the process of implementing electronic contracts, Vietnam's current electronic transaction law only has a few provisions on rights and obligations related to information security during the contract implementation phase in certain fields. Specifically:
 
Firstly, on the security of information of subjects participating in electronic transactions. In the process of conducting electronic transactions, the security of information of subjects participating in transactions is one of the requirements to ensure the security of electronic transactions, thereby ensuring the safety of the participants as well as ensuring safety from third parties with the purpose of causing harm and destroying the cooperation of the subjects participating in electronic transactions. In the field of consumer rights protection, Article 6 of the Law on Consumer Protection 2010 stipulates the protection of consumer information: “1. Consumers are guaranteed the safety and confidentiality of their information when participating in transactions and using goods and services, except in cases where a competent state agency requests it," or Article 19 of the 2015 Law on Network Information Security stipulates: Organizations and individuals processing personal information must apply appropriate management and technical measures to protect the personal information they collect and store; comply with standards and technical regulations on ensuring network information security.
 
In the current context, personal information is understood in a broad scope, not only as personal information but also as financial information of individuals participating in electronic transactions.
 
Second, regarding the subjects and other terms of electronic transactions. In addition to the provisions on information security of the subjects participating in the transaction, Vietnamese law does not yet provide for the confidentiality of costs related to electronic transactions, as well as the time and place of performing obligations in electronic transactions. In particular, in the electronic transaction environment, the subjects participating in the transaction often do not know each other, so the provisions on confidentiality issues related to the time and place of performing obligations in the contract will help the subjects participating in the electronic transaction avoid the attention of fraudulent subjects aiming to appropriate data or appropriate property. Currently, the Law on Electronic Transactions 2005 has not yet specifically regulated this issue, so when damage occurs, there are no sanctions to handle it.
 
In addition, the choice of payment method is also an important content in the conclusion of electronic contracts because the subjects participating in this contract do not meet directly to make payment, so there need to be specific and detailed regulations. In Vietnam today, there are a number of intermediary companies for online payments, playing the role of connecting banks, buyers, sellers, and participants in electronic transactions. However, payment still needs to raise many legal issues that need to be resolved such as security issues, ensuring safety and convenience for transactions. Clause 3, Article 14 of the Law on Credit Institutions 2010 stipulates "ensuring that customers' transaction information is not disclosed to the outside". However, the law has not yet set out specific measures and standards on the level of security and ensuring the safety of electronic transaction information.
 
Performing electronic transactions in general and performing electronic contracts in particular is the process by which the parties "realize" the rights and obligations previously agreed upon in the contract, and must ensure the provisions of law, including the issue of electronic transaction security. According to Article 35 of the 2005 Law on Electronic Transactions: "Parties have the right to agree to use electronic means in concluding and performing contracts; concluding and performing electronic contracts must comply with the provisions of this Law and the law on contracts; when concluding and performing electronic contracts, the parties have the right to agree on technical requirements, authentication, conditions to ensure the integrity and security related to that electronic contract". In addition, the issue of confidentiality related to the implementation of electronic contracts in the commercial field has also been stipulated in Clause 4, Article 289 of the 2005 Commercial Law, specifically: "The subject has the obligation to keep confidential the business secrets that have been franchised in the commercial contract".
 
However, in the process of implementing electronic contracts, Vietnam's current electronic transaction law only has a few provisions on rights and obligations related to information security during the contract implementation phase in certain fields. Specifically:
 
Firstly, on the security of information of subjects participating in electronic transactions. In the process of conducting electronic transactions, the security of information of subjects participating in transactions is one of the requirements to ensure the security of electronic transactions, thereby ensuring the safety of the participants as well as ensuring safety from third parties with the purpose of causing harm and destroying the cooperation of the subjects participating in electronic transactions. In the field of consumer rights protection, Article 6 of the Law on Consumer Protection 2010 stipulates the protection of consumer information: “1. Consumers are guaranteed the safety and confidentiality of their information when participating in transactions and using goods and services, except in cases where a competent state agency requests it," or Article 19 of the 2015 Law on Network Information Security stipulates: Organizations and individuals processing personal information must apply appropriate management and technical measures to protect the personal information they collect and store; comply with standards and technical regulations on ensuring network information security.
 
In the current context, personal information is understood in a broad scope, not only as personal information but also as financial information of individuals participating in electronic transactions.
 
Second, regarding the subjects and other terms of electronic transactions. In addition to the provisions on information security of the subjects participating in the transaction, Vietnamese law does not yet provide for the confidentiality of costs related to electronic transactions, as well as the time and place of performing obligations in electronic transactions. In particular, in the electronic transaction environment, the subjects participating in the transaction often do not know each other, so the provisions on confidentiality issues related to the time and place of performing obligations in the contract will help the subjects participating in the electronic transaction avoid the attention of fraudulent subjects aiming to appropriate data or appropriate property. Currently, the Law on Electronic Transactions 2005 has not yet specifically regulated this issue, so when damage occurs, there are no sanctions to handle it.
 
In addition, the choice of payment method is also an important content in the conclusion of electronic contracts because the subjects participating in this contract do not meet directly to make payment, so there need to be specific and detailed regulations. In Vietnam today, there are a number of intermediary companies for online payments, playing the role of connecting banks, buyers, sellers, and participants in electronic transactions. However, payment still needs to raise many legal issues that need to be resolved such as security issues, ensuring safety and convenience for transactions. Clause 3, Article 14 of the Law on Credit Institutions 2010 stipulates "ensuring that customers' transaction information is not disclosed to the outside". However, the law has not yet set out specific measures and standards on the level of security and ensuring the safety of electronic transaction information.