Asia Legal

In Vietnam, electronic documents, emails, telegraphs, faxes,… which are familiar forms and can be easily collected and evaluated the integrity, electronic data is a much more comprehensive and diverse concept. The definition of electronic data specified in Clause 1, Article 99 of the Criminal Procedure Code 2015 may refer to: ” Electronic data is a   symbol, letter, digit, image, sound or similar form created, stored, transmitted or received by electronic means”.   Electronic data is collected from electronic media, computer networks, telecommunication networks, online, and other electronic sources collectively referred to as the electronic environment. Electronic data is invisible and immaterial because the electronic environment is a “virtual” environment. In addition, non-border or territorial electronic data may be initiated in one country while such data is stored in another (e.g., online gambling cases in Vietnam but the server system that stores gambling data is all abr...

In the previous article, it has been stated that the hidden contents and information is part of a data message and must also be kept intact from the time such data message is initialized for the first time. However, there are many practical cases where users may print files and documents that contain the displayable contents of a data message into paper copies to sign, stamp and then scan such paper copies again, save them in different formats/extensions or simply take pictures to send to each other. How can we ensure that the content of data messages remains intact during the above-mentioned conversion process? 1.   The data message has the same value as the original b)     The content of the data message is accessible and usable in its complete form as needed. According to Clause 2 Article 13 of the Law on E-Transactions, one of the requirements to ensure the validity as the original of a data message is that its content can be accessed and used in its co...

Recently, most parties involved in electronic transactions have been expressing an outstanding interest in the integrity of   data messages   since it is considered one of the important criteria to determine the value as evidence and the value as the original of such   data messages. According to the definition in the Law on Electronic Transactions 2005 : “Data message is information created, sent, received and stored by electronic means”.  In a guiding resolution of the Judicial Council of the Supreme People’s Court, electronic data messages used in electronic transactions must be formatted according to the provisions of the law on electronic transactions and the guidance of the Supreme People’s Court, by forms such as electronic data exchange, electronic documents, electronic mail, telegram, telegraph, fax and other similar forms. This article shall be divided into parts to thoroughly evaluate the integrity of the data message, which is the basis for determining (i...