Some gaps and inadequacies in Vietnam’s law on e-transactions

• Main Author: Lê Hữu Nghĩa
• Format: Article
• Language: English
• Published: HO CHI MINH CITY OPEN UNIVERSITY JOURNAL OF SCIENCE 2021-09-01
• Series: Tạp chí Khoa học Đại học Mở Thành phố Hồ Chí Minh - Khoa học Xã hội
• Subjects: chữ ký điện tử; công chứng hợp đồng điện tử; hợp đồng điện tử; thông điệp dữ liệu
• Online Access: https://journalofscience.ou.edu.vn/index.php/soci-vi/article/view/1924

The Fourth Industrial Revolution is actively taking place on a global scale by the considerable development and ever-changing evolution in science and technology applied in all aspects of life, the economy, and law. However, the rules which are regulating the transactions of electronic contracts (e-contracts) still have some inadequacies that can lead to risks for the parties participating in a contract, such as difficulties and costly collection to verify the authenticity of evidence of data messages; lack of specific regulations on the form of scanned signatures and pictured signatures; there are no regulations on notarization of e-contracts. These gaps and inadequacies are in turn pointed out through the methods of searching, comparing, and analyzing the statutory law in order to give suggestions for adjustment and improvement of efficiency and feasibility corresponding to each existing legal issue.