|
THE PRIME MINISTER OF GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
|
|
No: 27/2007/ND-CP
|
Hanoi,
February 23, 2007
|
DECREE
ON E-TRANSACTIONS IN FINANCIAL
ACTIVITIES
THE GOVERNMENT
Pursuant to the December
25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on E-Transactions;
At the proposal of the Minister of Finance,
DECREES:
Chapter
I
GENERAL
PROVISIONS
Article
1.- Governing scope
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article
2.- Subjects of application
This Decree applies to
agencies, organizations and individuals opting for e-transactions in financial
activities.
Article
3.- Interpretation of terms
In this Decree, the
terms below are construed as follows:
1.
"E-voucher" means information created, transmitted, received and
stored by electronic means in financial activities. E-vouchers constitute a
form of data message, including electronic accounting vouchers; e-vouchers on
budget revenues and expenditures; information on electronic declaration and
clearance of customs procedures; information on electronic declaration and
clearance of tax procedures; e-vouchers on securities transactions; electronic
financial statements; electronic settlement reports and other kinds of
e-vouchers in conformity with each type of transactions prescribed by law.
2. "Financial
agency" means an agency performing the state management of finance.
3. Cancellation of
e-vouchers means making these vouchers unusable.
4. Deletion of
e-vouchers means making these e-vouchers inaccessible and unusable for
reference.
5. Organizations
providing added value services related to e-transactions in financial
activities are enterprises which provide, under certain business conditions,
services to increase the utility of e-vouchers of users by either perfecting
their formats or information or providing the capacity of storing or retrieving
such information.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Parties entering
into e-transactions in financial activities shall strictly observe the
principles defined in Article 5 of the Law on E-Transactions and relevant
provisions of law on financial management. For e-transactions in professional
operations within financial agencies and between organizations or individuals
and financial agencies, involved parties shall abide by Article 40 of the Law
on E-Transactions.
2. Organizations and
individuals, when entering into e-transactions in financial activities falling
under the state management of the Finance Ministry, shall abide by professional
technical regulations promulgated by the Finance Ministry.
Chapter
II
E-VOUCHERS
Article
5.- Legal validity of e-vouchers
1. The display format,
sending, receipt, storage and legal validity of e-vouchers shall comply with
the Law on E-Transactions.
2. E-vouchers in
financial activities must satisfy all state management requirements and be
conformable with the provisions of law on various financial domains.
3. An e-voucher must
bear e-signatures of all persons responsible for signing it.
4. Where an e-voucher
bears only the signature of a competent person, the information system must be
capable of recognizing and certifying that this e-voucher has been processed by
responsible persons in the course of forwarding it to the signer.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Organizations and
individuals may select forms and means for encoding e-vouchers. The encoding of
e-vouchers is carried out in accordance with law.
Article
7.- Conversion of e-vouchers into paper
vouchers and vice versa
1. When necessary, an
e-voucher may be converted into a paper voucher if all the following conditions
are met:
a/ The paper voucher
reflects all contents of the e-voucher;
b/ There is a specific
sign certifying that the conversion of the e-voucher into a paper voucher has
been made;
c/ There are the
signature and full name of the person effecting the conversion of the e-voucher
into a paper voucher.
2. When necessary, a
paper voucher may be converted into an e-voucher if all the following
conditions are met:
a/ The e-voucher
reflects all contents of the paper voucher;
b/ There is a specific
sign certifying that the conversion of the paper voucher to an e-voucher has
been made;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The Minister of
Finance shall provide for the legal validity of e-vouchers converted into paper
vouchers and vice versa for each type of financial activity defined in Article
11 of this Decree.
Article
8.- Cancellation and deletion of e-vouchers
1. An e-voucher may be
canceled only if it is so agreed and certified by the parties to the
transaction, unless otherwise provided for by specialized laws; the
cancellation of an e-voucher takes effect at the time agreed upon by the
parties. Cancelled e-vouchers shall be stored for reference by competent state
agencies.
2. Upon the expiration
of the prescribed storage duration, unless otherwise decided by a competent
state agency, e-vouchers may be deleted. The deletion of an e-voucher must not
affect the integrity of other e-vouchers which have not yet been deleted and
the normal operation of the information system.
Article
9.- Sealing, seizure and confiscation of
e-vouchers
1. The sealing,
seizure and confiscation of e-vouchers shall be carried out in strict
accordance with law.
2. The sealing,
seizure and confiscation of e-vouchers must:
a/ Ensure the
integrity of information in the process of sealing, seizure or confiscation;
b/ Not affect the
normal operation of the information system and production and business
activities of organizations or individuals;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/ Make possible the
identification of the access to or modification of contents of the sealed,
seized or confiscated e-vouchers.
3. After a competent
state agency issues a decision and seals, seizes or confiscates an e-voucher,
the organization or individual may not exploit, use or modify that e-voucher in
its/his/her information system for transactions or use it for other purposes.
4. All forms of
accessing, exploiting, copying, modifying or using sealed, seized or
confiscated e-vouchers are strictly prohibited.
Article
10.- Use of automatic information systems
1. E-vouchers may be
sent, received and processed between individuals and the automatic information
system or among automatic information systems without having their legal
validity negated.
2. Organizations and
individuals shall bear all responsibility for the use of automatic information
systems in their financial activities.
Chapter
III
E-TRANSACTIONS
IN FINANCIAL ACTIVITIES
Article
11.- E-transactions in financial activities
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. E-transactions in other
financial activities in accordance with the law on financial management.
Article
12.- Responsibilities and powers of
organizations and individuals
1. To abide by the
provisions of Points a, b, c and d, Clause 1, Article 48 of the Law on
E-Transactions.
2. To select modes and
means for carrying out e-transactions in financial activities according to the
Law on E-Transactions, this Decree and relevant provisions of law.
3. To declare all relevant
data to competent state agencies and ensure the conditions prescribed in Clause
2, Article 9 of this Decree, for organizations and individuals having their
e-vouchers sealed, seized or confiscated.
4. To be subject to
competent state agencies' management, inspection and examination.
5. To make regular and
irregular reports on e-transactions in financial activities in accordance with
law.
Article
13.- Responsibilities and powers of
organizations providing added value services
1. To provide
transmission services and improve the display formats of e-vouchers in service
of information exchange between parties to transactions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. To store the results
of each time of transmission and receipt and e-vouchers pending the completion
of transactions.
4. To ensure
infrastructure for connection; work out control measures to ensure security,
safety, confidentiality, information integrity and provide other utilities to
parties participating in the exchange of e-vouchers.
5. To fully supply
information and data to competent agencies when so requested in accordance with
law.
6. To abide by current
provisions of law on telecommunications, Internet and technical and
professional regulations promulgated by the Finance Ministry.
7. To collect charges
for maintenance of their operation.
8. To refuse to
provide added value services regarding e-transactions in financial activities
to financial agencies, organizations or individuals that are ineligible for
entering into transactions or breach contracts.
Article
14.- Use of digital signatures
1. Financial agencies,
organizations and individuals that enter into e-transactions in financial
activities with financial agencies shall use digital signatures.
2. E-transactions in
financial activities between organizations or individuals and financial
agencies require digital signatures and digital certificates supplied by public
certification authorities.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article
15.- Contents of state management
1. Formulating and
promulgating strategies, planning, plans and policies on development of e-transactions
in financial activities.
2. Guiding the
enforcement of law on e-transactions in financial activities.
3. Issuing technical
regulations on e-transactions in financial activities, which must be consistent
and conformable with national technical regulations on e-transactions.
4. Organizing and
managing international cooperation activities in e-transactions in financial
activities.
5. Supervising and
inspecting the observance of law on e-transactions in financial activities;
settling complaints and denunciations and handling according to competence
administrative violations in e-transactions in financial activities.
Article
16.- Responsibilities of ministries,
branches and localities
1. The Ministry of
Finance has the following responsibilities and powers:
a/ To perform the
state management of e-transactions in financial activities under its management;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ To organize
training, guide and support the application of e-transactions in financial
activities;
d/ To study, formulate
and promulgate technical and professional regulations on e-transactions in
financial activities;
e/ To apply necessary
confidentiality and contingency measures for electronic information and data
systems under its management;
f/ To provide services
in support of the performance of e-transactions in financial activities for
financial agencies, organizations and individuals entering into e-transactions
with financial agencies;
g/ To decide on the
accreditation of organizations providing added value services on e-transactions
in financial activities which participate in the provision of added value
services to organizations and individuals entering into transactions with
financial agencies;
h/ To provide for the
establishment, organization, operation and management of specialized
certification authorities in service of e-transactions in financial activities
in compliance with the provisions of law on digital signatures and
certification of digital signatures;
2. Ministries,
ministerial-level agencies, government-attached agencies and provincial/municipal
People's Committees shall perform the state management of e-transactions in
financial activities in accordance with law.
Chapter
IV
SETTLEMENT
OF DISPUTES, COMPLAINTS AND DENUNCIATIONS, EXAMINATION, INSPECTION AND HANDLING
OF VIOLATIONS IN E-TRANSACTIONS IN FINANCIAL ACTIVITIES
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The State
encourages parties to e-transactions in financial activities to settle their
disputes through reconciliation.
2. When the parties
fail to make reconciliation, the competence and order of and procedures for
settling disputes over e-transactions in financial activities shall comply with
relevant provisions of law.
Article
18.- Complaints and denunciations
Complaints about
administrative decisions or administrative acts regarding e-transactions in
financial activities and denunciations about violations related to
e-transactions in financial activities to competent state agencies shall be
made in accordance with law.
Article
19.- Supervision and inspection
1. Competent state agencies
shall supervise and inspect in order to promptly detect and handle violations
in e-transactions in financial activities.
2. Organizations and
individuals entering into e-transactions in financial activities are subject to
competent state agencies' supervision and inspection under the provisions of
Clause 1 of this Article.
3. The supervision of
organizations and individuals entering into e-transactions in financial
activities shall be conducted in accordance with law.
Article
20.- Handling of violations
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Individuals
breaking law when entering into e-transactions in financial activities shall,
depending on the nature and seriousness of their violations, be disciplined,
administratively sanctioned or examined for penal liability in accordance with
law.
3. Organizations and
individuals causing damage to other organizations or individuals when entering
into e-transactions in financial activities shall pay compensations in
accordance with law.
Chapter
V
IMPLEMENTATION
PROVISIONS
Article
21.- Implementation effect
This Decree takes
effect 15 days after its publication in "CONG BAO."
Article
22.- Organization of implementation
1. The Minister of Finance
shall coordinate with concerned ministries and branches in guiding the
implementation of this Decree.
2.
Ministers, heads of ministerial-level agencies and government-attached
agencies, and presidents of provincial/municipal People's Committees shall
implement this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung