 |
NA’s delegates vote on the draft Law (Photo: SGGP) |
As to proposals on accepting the legal validity of other digital signature forms besides certificate authority (CA), the Standing Committee of the National Assembly (NA) stated that a CA is used first to authenticate the signer and then to display the consent of that subject to information in the signed data message. To be considered an official electronic signature, a CA must be established under the form of electronic data in logical association or combination with that data message.
At present, other electronic verification forms like scanned signatures, captured signatures, one-time passwords (OTP), short message service (SMS) are not accepted as an electronic signature. However, to suit the practical operations in the fields of banking and customs as well as promoting e-transactions, the draft Law stipulates that the use of these verification forms must comply with relevant legal regulations.
As regards the conclusion and execution of an electronic contract, there were proposals on more detailed regulations about services for data message storage and integrity verification in order to avoid duplications in functions and missions among the Information & Communication Ministry, the Justice Ministry, and provincial People’s Committees when authenticating documents.
The NA’s Standing Committee said that the content in the draft Law about services for data message storage and integrity verification aims at ensuring that information is created, sent, received, and stored without being modified or deleted in the electronic environment.
Meanwhile, the applicable law on authentication and notarization stipulates activities related to notarizing copies from the original version, authenticating signatures in formal documents or contracts and transactions (as to time, place, and civil act), and notarizing the precision and legitimacy of a contract in the real environment.
Therefore, the two services are different in nature, and thus the relevant content of the draft Law about functions and missions of the Information & Communications Ministry does not overlap those of the Justice Ministry as well as provincial People’s Committees on authentication activities.
 |
Chairman Le Quang Huy of the NA’s Committee on Science, Technology and Environment is presenting the reports (Photo: SGGP) |
According to the NA’s Standing Committee, the national or ministerial, local databases all play a critical role in socio-economic, administrative activities. As a result, establishing and maintaining these databases requires a huge amount of cost from the state budget and other legal sources from different organizations, businesses, and individuals. Actually, it is enterprises which contribute a significant volume to this task.
Hence, the provisions of the State about ensuring partial or total funds for the establishment and maintenance of these databases are completely appropriate.
After listening to the reports regarding the draft Law on E-Transactions (amended), the NA’s delegates voted on this draft Law. Accordingly, other forms of verification by electronic means such as other electronic verification forms like scanned signatures, captured signatures, one-time passwords (OTP), short message service (SMS) are not accepted as an electronic signature.
