Removing difficulties in implementing electronic contracts: Enterprises need a synchronous legal corridor

Strive for 100% of businesses to apply electronic contracts

In the current digital transformation process, with the ready technology infrastructure, the application of electronic contracts in the Vietnamese economy will play a crucial role in completing a complete digital economy, helping the Government manage and develop commercial activities effectively and sustainably.

At the national forum to support businesses in digital transformation and e-commerce development, with the theme "Developing safe electronic contracts" held on June 15, Mr. Le Duc Anh - Director of the Center for Information Technology and Digital Economy, Department of E-commerce and Digital Economy (Ministry of Industry and Trade) - shared that the application of electronic contracts helps businesses and society save costs, solving the problem of comprehensive digital transformation of businesses. It is estimated that the comprehensive application of electronic contracts will help the country save 50,000 - 70,000 billion/year, including printing, delivery and document storage costs.

On October 15, in Hanoi, the Ministry of Industry and Trade organized a forum to support businesses in digital transformation and e-commerce development, with the theme "Developing safe electronic contracts". Photo: QV

When effectively applied, electronic contracts will create an explosion of multi-channel transactions, helping sellers, suppliers, manufacturers, and consumers connect quickly in an effective data network. At the same time, it helps to make the market and economy transparent, avoid tax losses when all transactions are transparent, have the ability to process and resolve complaints promptly, and ensure factors of evidence and proof to help improve the effectiveness of arbitration forces, dispute resolution agencies, and courts.

In particular, the widespread application of electronic contracts also helps state management agencies effectively implement the work of preventing and combating fraud and tax evasion; and effectively manage counterfeit and fake goods in circulation.

This is also an important pillar in the National Strategy for Digital Economy and Digital Society Development according to Decision 411/QD-TTg of the Prime Minister, with a specific goal: By 2025, 80% of enterprises will apply electronic contracts and by 2030, reach 100%.

Perfecting institutions to minimize risks

Although the prospects of electronic contracts are clear, the implementation process still faces many barriers. One of the biggest obstacles at present is the incomplete legal corridor.

Businesses have called for the early promulgation of technical standards for electronic contracts to be recognized by third parties, ensuring the legality of transactions. The lack of detailed guidelines has made many businesses concerned about legal risks, especially in the fields of tax, banking and consumer protection. Only when the legal corridor is synchronized and the legal environment is clear can businesses fully exploit the potential of electronic contracts in commerce and other areas of the economy.

In addition, businesses also requested that state agencies have clearer directions in applying electronic contracts to minimize risks and increase transparency in transactions. In particular, technological solutions such as digital signatures and electronic identification on the National Population Database platform are needed to ensure the safety and reliability of electronic contracts.

Businesses propose to soon complete the legal corridor for electronic contracts. Illustrative photo

Regarding this issue, Ms. Le Hoang Oanh - Director of the Department of E-commerce and Digital Economy - said that transaction contracts often contain important and sensitive information such as: Personal data, financial issues, or business agreements, so they also contain many risks. When this information is leaked, the contracting party may face many serious consequences such as contract fraud or financial or reputational loss.

To minimize risks, the Ministry of Industry and Trade has contributed to institutionalizing the application of electronic contracts. In particular, it has worked with ministries and branches: Ministry of Information and Communications, Ministry of Finance... to advise and submit to the Government documents to implement issues related to contract transactions in the electronic environment such as: Law on Electronic Transactions amended and Decree 52 and Decree 85. These are important legal bases for managing contract signing in e-commerce.

In addition, the Ministry of Industry and Trade has confirmed the registration of 11 organizations providing electronic contract certification services. These organizations ensure the technical aspects so that the process of signing contracts and electronic agreements in the online environment can take place safely. At the same time, they aim to connect technical support with third parties such as tax authorities, banks, financial institutions and state agencies managing dispute resolution to perform related operations.

According to statistics, by the end of August 2024, 490,471 electronic contracts of enterprises were certified by these organizations; 48,533 enterprises used the electronic contract certification service provided by these organizations.

In the coming time, the Ministry of Industry and Trade will continue to improve the legal framework as well as policies for electronic contracts. Currently, there are no specific regulations on the methods and conditions of the information system to convert from paper contracts to electronic contracts and vice versa. However, with the rapid development of technology, state agencies need to research and improve the legal framework to meet practical requirements.

In addition, new technologies and techniques will be researched and developed to apply electronic contracts in the future. Because technology plays an extremely important role in developing electronic contracts, especially security for businesses to trust. Therefore, it is necessary to invest in new technologies and techniques in electronic contracts to be applied popularly, widely and conveniently.

Source: https://congthuong.vn/thao-go-kho-khan-trien-khai-hop-dong-dien-tu-doanh-nghiep-can-hanh-lang-phap-ly-dong-bo-352867.html