What does an e-contract attestation include?
Readers who have emailed htrnagXX@gmail.com sent an email to the Legal Counseling Office of Lao Dong newspaper to ask: I heard that there will be new regulations on the provision of electronic contract authentication services in the near future. Please, what content will this regulation cover?
Lawyer Hoang Thi Quynh, YouMe Law Firm replied:
Clause 4, Article 1 of Circular 01/2022/TT-BCT amending and supplementing a number of articles of Circular No. 47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade regulating the management of e-commerce websites and Circular No. 59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade stipulating the management of e-commerce activities through applications on mobile devices (effective from March 8, 2022) determined as follows:
4. Add Article 20a under Article 20 in Chapter II as follows:
“Article 20a. Activities of providing electronic contract authentication services
1. Regulations on operation of providing electronic contract authentication services must be publicly announced on the homepage of the website and include the following contents:
a) Rights and obligations of traders and service-providing organizations;
b) Rights and obligations of service users;
c) Describe the method and process of performing the electronic contract authentication activity;
d) Limiting the liability of traders and organizations providing e-contract authentication services;
dd) Regulations on information security and information management in the provision of e-contract authentication services;
e) Mechanism for settlement of complaints and disputes between parties related to the provision of e-contract authentication services;
g) Measures to handle violations for those who do not comply with the operating regulations.
2. When there is a change to one of the contents mentioned in Clause 1 of this Article, the trader or organization providing the e-contract authentication service must notify all service users at least 5 days prior to the application of such changes.”
Thus, the operational regulation of providing electronic contract authentication services includes the contents cited above.
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The column is made with the support from YouMe Law Firm.
According to Labor newspaper
By: Translator: LeAnh-Bizic
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