It is quite common to cross-refer to a document in a contract by placing an internet hyperlink to such document (e.g., privacy policy or website standard terms).  This practice should be valid under Vietnamese law. This is because:

·         Under the Civil Code 2015, a contract may have appendices attached to it which provide details on certain term and conditions of the contract. The law does not clearly regulate the form of the appendices of the contract and the word “attached to” has a broad interpretation that may be general enough to cover an internet hyperlink to the main contract.

·         Article 119.1 Civil Code 2015 allows a civil transaction by way of electronic means in the form of data messages in accordance with the Law on E-transaction will be deemed to be written transaction. Under the Law on Electronic Transactions 2005, a contract can be presented in the form of data messages and still valid and binding.

·         Data messages is defined as the information created, sent, received and stored by electronic means, which operates in the bases of electronic technology, electronic technology, digital technology, magnetic technology, wireless technology, optical technology, technology, electro-magnetic technology or similar technology. A cross-reference to an internet hyperlink could qualify as a data message as its content, whether created and stored on a website or sent and received via a hyperlink, is still considered as presented under electronic means.                                                   

This post is written by Quach Mai Phuong and edited by Nguyen Quang Vu.