More stringent regulations and compliance with relevant Laws
Discussing at the meeting, delegate Do Van Yen expressed his basic agreement with the draft Law on Electronic Transactions (amended) and the Report on reception and explanation of the National Assembly Standing Committee.
Commenting on the specific content, the delegate said that electronic transactions have a wide scope of impact, including regulations requiring assurance, confidentiality, security, and information safety of data messages in electronic transactions, in the provision and management of electronic certificates and electronic costs. The draft law has stipulated prohibited acts when conducting electronic transactions, which is appropriate.
However, according to the delegate, acts of disclosing data to create digital signatures and forging digital signatures should be strictly prohibited in electronic transactions. Therefore, the Drafting Committee is requested to consider adding the above acts to Clause 6, Article 9 of the draft Law to enhance the effectiveness of the law and the basis for handling violations of the law.
Regarding the time of sending and receiving data messages in the conclusion and implementation of electronic contracts, delegate Do Van Yen said that the draft Law stipulates that the time of sending and receiving data messages of the subjects is determined in cases where the parties participating in the transaction do not have other agreements. At any location where the data message is sent and received, that location is still considered the headquarters of the sender or recipient if the sender or recipient is an agency or organization; and is considered the place of residence if the sender or recipient is an individual.
According to the delegate, such a provision is consistent with the nature of electronic transactions in the electronic environment. However, this provision is not consistent with the Law on Residence and the Law on Enterprises, which regulate the residence and headquarters of agencies, organizations and enterprises. At the same time, determining the location for sending and receiving data messages and concluding electronic contracts is important in the process of implementing contracts and resolving disputes in practice. Therefore, the delegate suggested that the Drafting Committee study and supplement the provisions on this issue to be more stringent and consistent with relevant Laws.
Need to supplement regulations on suppliers' responsibilities
According to Delegate Tran Thi Thu Phuoc - National Assembly Delegation of Kon Tum province, the Law on Electronic Transactions plays an important role in implementing work in the new period, so amending the law to suit actual conditions is very necessary to facilitate procedures in the legal environment. However, the delegate also said that currently, in cyberspace, there are many phenomena of taking advantage and fraud in electronic transactions.
To minimize this dangerous situation, ensure the rights of the transaction participants as well as a healthy transaction environment, the delegate said that the draft law needs to supplement regulations on the responsibilities of suppliers and intermediary platforms in electronic transactions for violations of the law on digital platforms, and the responsibilities of relevant state agencies in verifying, clarifying, monitoring, and handling violations to ensure safe and healthy transactions in the digital environment.
In addition, delegates said that the draft law needs to have regulations on applying the Ministry of Public Security's electronic identification and authentication system as a common standard for transactions in the electronic environment, in handling administrative procedures and online public services.
Receive and review the problems of the Draft Law
Presenting the Report on explanation, acceptance and revision of the draft Law on Electronic Transactions (amended), Member of the Standing Committee of the National Assembly, Chairman of the National Assembly's Committee on Science, Technology and Environment Le Quang Huy said that at the 4th Session, the National Assembly discussed and gave opinions on the draft Law on Electronic Transactions (amended), with 77 National Assembly deputies speaking in groups and 15 National Assembly deputies speaking in the Hall.
Immediately after the session, the National Assembly Standing Committee (NASC) directed the Standing Committee of the Science, Technology and Environment (S&ET) 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 the NA deputies.
Receiving, explaining and revising the draft Law on Electronic Transactions (amended), Chairman of the Committee on Science, Technology and Environment Le Quang Huy said that, in order to ensure the consistency and uniformity of the legal system and to receive the opinions of the National Assembly Deputies, the Standing Committee of the National Assembly has carefully reviewed the legal documents (26 laws and detailed regulations) and international treaties (09 documents) related to the draft Law on Electronic Transactions (amended) to ensure consistency and uniformity with the current legal system.
Regarding the scope of regulation, some opinions suggested considering the implementation roadmap to ensure feasibility; some opinions suggested limiting the expansion of the scope of regulation to the fields of land, inheritance, divorce, marriage, birth registration, etc. Incorporating the opinions of National Assembly deputies, Article 1 was 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 the responsibility for state management of electronic transactions, there are opinions suggesting to more clearly define the responsibility for state management of e-commerce activities; there are opinions suggesting to clarify the role of state management of e-commerce of government agencies, and to add the responsibility for state management of specialized digital signatures for the Government to the Minister of National Defense... Chairman of the Committee for Science, Technology and Environment Le Quang Huy said that, based on the opinions of the National Assembly deputies, he would like to request the National Assembly to allow the removal of Clause 4, Article 7, and at the same time propose to add the content "Minister of National Defense" to Clause 2, Clause 3, Article 7 and add Clause 4, Article 7 as follows: "4. The Minister of National Defense builds and develops a system for certifying specialized digital signatures for public service in accordance with the provisions of law".
Regarding electronic signatures, there are opinions suggesting the need to clarify the content of digital signatures and electronic signatures; suggesting to clarify whether OTP, SMS or biometric forms are electronic signatures; some opinions suggesting to study and supplement regulations to create a legal basis for authentication measures with the role of electronic signatures. Chairman of the Committee for Science, Technology and Environment Le Quang Huy said that, taking into account 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, at the same time, the Standing Committee of the National Assembly has directed to supplement Clause 4, Article 25, stipulating that other forms of authentication by electronic means that are not electronic signatures must comply with the provisions of specialized laws, to be consistent with practical implementation.
Regarding e-transactions of state agencies, the Standing Committee of the National Assembly has directed the review and revision of Articles 43 to 47 of the draft Law, which specifically stipulate types of e-transactions, activities, responsibilities of state agencies and supporting regulations to promote e-transactions.
Regarding the information system serving e-transactions, there are opinions suggesting specific regulations on the responsibility of supervising and managing the information system serving e-transactions of relevant state agencies. In response to the opinions of National Assembly deputies, to ensure feasibility, Article 51 is renamed and its content is adjusted accordingly.
Chairman of the Committee for Science, Technology and Environment Le Quang Huy emphasized that, in addition to the above issues, the Standing Committee of the National Assembly has directed the agency in charge of reviewing, the agency in charge of drafting and relevant agencies to review and perfect the legal style, and rearrange and restructure the draft Law to make it more reasonable and logical. The draft Law after being received and revised consists of 07 Chapters and 54 Articles.
Source
Comment (0)