Commenting on the draft Law on Electronic Transactions (amended), there are opinions suggesting that the scope of regulation should be limited to the fields of land, inheritance, divorce...
On the morning of May 30, the National Assembly listened to a report on the reception, explanation and revision of the draft Law on Electronic Transactions (amended) with a series of important regulations on transactions and electronic signatures.
Immediately after the session, the National Assembly Standing Committee directed the Standing Committee of the Science, Technology and Environment Committee to preside over and coordinate with the drafting agency and relevant agencies to synthesize, research and revise the draft Law according to the opinions of National Assembly deputies.
Regarding the scope of regulation, Chairman of the Committee of Science, Technology and Environment Le Quang Huy said that the majority of opinions agreed with expanding the scope of regulation and not applying some exclusion cases; there were opinions suggesting that the scope of regulation should be limited to the fields of land, inheritance, divorce, marriage, birth registration, etc.
The Standing Committee of the National Assembly believes that in practice, some areas excluded from the scope of the Law on Electronic Transactions 2005 have been partially implemented for electronic transactions, such as birth registration and marriage, where online public services are available in many localities...
Online public services provided by ministries, branches and localities are being actively deployed towards closing the entire service process from start to finish (full process), in line with the digital transformation trend that is being promoted in all socio-economic fields according to the guidelines and policies of the Party and State.
Therefore, Article 1 has been revised as in the draft Law in the direction of only regulating the implementation of transactions by electronic means, not regulating the content, form, and conditions of transactions in different fields, including the fields of defense and security. Transactions in any field will be regulated by the specialized laws of that field.
Regarding electronic signatures, there are opinions suggesting the need to clarify the content of digital signatures and electronic signatures; suggesting clarification on whether OTP, SMS or biometric forms are electronic signatures; some opinions suggesting research to supplement regulations to create a legal basis for authentication measures with the role of electronic signatures.
Regarding this issue, the Standing Committee stated that currently, forms of transaction authentication codes via electronic messages (SMS), one-time password confirmation (OTP), OTP Token, biometrics, electronic user identification (eKYC)... are used relatively commonly in electronic transactions.
However, these forms are only considered electronic signatures when logically combined with a data message; capable of confirming the subject signing the data message and confirming that subject's approval of the content of the signed data message.
Chairman of the Committee on Science, Technology and Environment Le Quang Huy reported on the explanation, acceptance and revision of the draft Law on Electronic Transactions (amended).
In response to the opinions of National Assembly deputies, the draft Law has revised the content of the explanation of the terms "Digital signature" and "Electronic signature" in Article 3. In addition, Article 25 of the draft Law has classified electronic signatures according to the scope of use, including specialized electronic signatures; public digital signatures and specialized digital signatures for public service.
Regarding the proposal to add regulations to create a legal basis for other electronic authentication measures, the Standing Committee found that the parties are "free to agree on the choice of technology, electronic means, and electronic signatures to carry out electronic transactions".
In fact, according to reports from banks, customers can use transaction accounts, passwords, OTP codes, etc. provided by the bank to make transactions.
This is a form of confirmation of customer acceptance of the content of the data message (transaction content), however these forms are not electronic signatures as prescribed by this Law.
Therefore, the Standing Committee of the National Assembly has directed to supplement Clause 4, Article 25, stipulating that other forms of confirmation by electronic means other than electronic signatures shall be implemented in accordance with the provisions of specialized laws, to be consistent with practical implementation.
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