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6 Regulation of electronic commerce according to current legislation

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E-commerce increasingly popular for business activity. Understanding the regulations about e-commerce help for business enterprise right in the law, just limit the risk of legal... international integration in Vietnam to promote the process of finalizing the legal system, in which the construction of the text of laws related to e-commerce. Let's Lac Viet Computing learn the rules under article later!

1. Regulations under the law on electronic transactions

The law on electronic transactions is through 29/11/2005 and has effect from the date of 1/03/2006. The adjustment range of the law is quite extensive: electronic transactions in the activity of state agencies and electronic trading in the field of civil, business, commercial. This law includes many provisions about:

  • Data messages, electronic signature authentication and electronic signature
  • Conclude and execute the contract electronic
  • Security, safety, protection, security in electronic transactions
  • Resolve disputes, and handling of violations in electronic transactions

Bill electronic transactions recorded principles electronic transactions: voluntary, are agreements on the choice of technology to make transactions, neutral about technology, ensuring equality and safety. It is worth mentioning that the electronic signature is a content mentioned in the Law on electronic transactions. The law recognizes the legal validity of electronic signatures, rules on e-commerce category and obligations of the parties, parties accept signature and organizations that provide services authentication of electronic signatures.

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2. Commercial law

Commercial law (revision) was adopted on 14.06.2005 and take effect from the date of 01.01.2006 is important base for commercial activities, including electronic commerce.

This law rules on e-commerce: In commercial activity, the data messages that meet the conditions and technical standards under the provisions of the law admitted to having legal value equivalent text. In addition, the display and introduction of goods and services on the Internet is also considered a form of display and introduction of goods and services.

3. Regulations about e-commerce on the civil code

The Civil code 2005 contains provisions on the form of the transaction, civil: civil transactions through electronic means in the form of data messages is considered the transaction in writing. For the case of concluding the contract, amend the contract, execution of the contract, cancellation of contract: the moment of conclusion of the contract is the moment the offeror received a reply accepting the conclusion. Place of delivery of the civil contract agreed upon by the parties, if no agreement, then the place of delivery the civil contract is the place of residence of the individual or the headquarters of the French put out the proposal for concluding a contract. The important concept is charged until the conclusion and execution of contracts through the internet

4. Regulation of electronic commerce about the customs legislation

Customs law (revision) was adopted on 14. 06.2005 and take effect from the date of 01.01.2006 some additional rules to sequence electronic customs declaration, locations declaration, record e-customs, customs procedures for import and export of goods via e-commerce.

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5. Regulations about e-commerce law, intellectual property

Intellectual property law in 2005 and with effect from the day 01.07.2006 mark the milestone improve the legal system for the protection of intellectual property rights. In this law there are a number of terms related to e-commerce, as the regulations; infringement of copyright, infringement of related rights in the electronic environment (intentional cancellation, change rights management information in electronic form of a work or unload or change the rights management information in electronic form without permission of the owner of related rights). However, no specific provisions related to the field of e-commerce, but the principles of intellectual property Law can still be applied to the field of e-commerce.

6. A number of regulations based on other legal documents

In addition to the commercial Law, the Law on electronic transactions and the Civil code, there is some text other important also to mention e-commerce such as :

  • The information technology act, 2006
  • Decree no. 52/2013/ND-CP on e-commerce

Regulations about e-commerce role of protection of consumers ' rights, help the business sustainable development in the environment of culture. In the era of technology development does not stop, apply right regulations e-commerce is the key to help enterprises reach success.

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Mai Hien
Content Marketing Leader for more than 5 years experience, has built and deployed many successful marketing campaign, contribute to strengthening brand awareness and promote sales. Read more >>>
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