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THE
STATE BANK
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
543/2002/QD-NHNN
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Hanoi,
May 29, 2002
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DECISION
PROMULGATING THE REGULATION ON FORMULATION, ALLOCATION, MANAGEMENT
AND USE OF ELECTRONIC SIGNATURES ON ELECTRONIC VOUCHERS IN INTER-BANK
ELECTRONIC PAYMENT
THE STATE BANK GOVERNOR
Pursuant to State Bank Law
No.01/1997/QH10 of December 12, 1997;
Pursuant to Credit Institutions Law No.02/1997/QH10 of December 12, 1997;
Pursuant to the Government’s Decree No.15/CP of March 2, 1993 on the tasks,
powers and State management responsibilities of the ministries and
ministerial-level agencies;
Pursuant to the Prime Minister’s Decision No.64/2001/ND-CP of September 20,
2001 on payment activities through payment service-providing organizations;
Pursuant to the Prime Minister’s Decision No.135/1999/QD-TTg of June 2, 1999 on
the list of State secrets in the banking sector;
Pursuant to the Prime Minister’s Decision No.44/2002/QD-TTg of March 21, 2002
on the use of electronic vouchers as accounting documents for capital
accounting and settlement by payment service-providing organizations;
At the proposal of the director of the Accountancy and Finance Department,
DECIDES:
Article 1.-
To promulgate together with this Decision the Regulation on formulation,
allocation, management and use of electronic signatures on electronic vouchers
in inter-bank electronic payment.
Article 2.- This
Decision takes effect 15 days after its signing. All previous stipulations on
formulation, allocation, use and management of electronic signatures of the
State Bank, which are contrary to this Decision, shall hereby cease to be
effective.
Article 3.-
The director of the State Bank’s Office, the director of the Accountancy and
Finance Department, the director of the Banking Information Technology
Department, the heads of the units under the State Bank of Vietnam, the
director of the Transaction Bureau, the directors of the State Bank’s branches
in the provinces and centrally-run cities, the general directors (directors) of
the payment service-providing organizations shall have to implement this
Decision.
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FOR THE STATE BANK GOVERNOR
DEPUTY GOVERNOR
Vu Thi Lien
REGULATION
ON FORMULATION, ALLOCATION, USE AND MANAGEMENT OF ELECTRONIC
SIGNATURES ON ELECTRONIC VOUCHERS IN INTER-BANK ELECTRONIC PAYMENT
(Promulgated together with the State Bank Governor’s Decision
No.543/2002/QD-NHNN of May 29, 2002)
I. GENERAL
PROVISIONS
Article
1.- Electronic signatures on electronic vouchers in inter-bank electronic
payment constitute an element of electronic vouchers, are encrypted and always
associated with electronic vouchers data for determining the truthfulness and
accuracy of elements of such electronic vouchers when they are transmitted and
received via computer networks among payment service-providing organizations.
The electronic signature shall
be created exclusively for each individual to define and certify powers and
responsibilities for the use of money on deposit accounts of the account
holders or persons authorized by the account holders (payment order mandators)
and chief accountants, heads of accountancy sections or authorized persons
(controllers), thus ensuring the legality in the use of money, accounting and
settlement of capital. Electronic signatures on electronic vouchers shall be
valid as hand-written signatures in paper vouchers.
Article
2.- Electronic signatures shall be on the list of State secrets in the
banking sector and of the "top secret" grade.
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Persons who are allocated and
use electronic signatures shall have to make written commitments to protect the
State secrets according to the provisions of the legislation on protection of
State secrets in banking activities.
Article
3.- Competence to formulate, allocate and manage electronic signatures
The director of the State Bank’s
Transaction Bureau, the directors of the State Bank’s branches in the provinces
and centrally-run cities (hereinafter referred to as the State Bank’s units for
short) shall have to formulate, allocate and manage electronic signatures for
payment service-providing organizations, which open accounts at the State
Bank’s units and conduct transactions of electronic payment via the State Bank.
Article 4.-
Units and individuals are strictly prohibited to seek to illegally decode,
misappropriate, buy, sell, disclose, duplicate or invalidate electronic
signatures; or take advantage of the protection of electronic signatures to
conceal their law-breaking acts.
II.
FORMULATION OF ELECTRONIC SIGNATURES
Article 5.-
Directors of the State Banks units shall have to coordinate with the Banking
Information Technology Department in selecting and deciding on schemes and
procedural processes of formulating electronic signatures for the inter-bank
electronic payment systems in their respective localities. When necessary, the
directors of the State Banks units may designate qualified persons to assist
them in determining and allocating electronic signatures.
Article 6.-
The formulation of electronic signatures must strictly comply with the
following regulations:
1. It must be organized at safe
places; computers, printers and other technical equipment and facilities in
service of the formulation of electronic signatures must be tightly managed and
exclusively used, in order to ensure good technical state and safety;
2. It must absolutely adhere to
the already determined formulation processes;
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4. After the formulation is
completed, electronic signatures must be registered in the book for monitoring
already formulated electronic signatures. The book for monitoring already
formulated electronic signatures and newly formulated ones (not yet allocated)
shall be directly kept and preserved by the directors of the State Banks units
as top-secret documents. Recording papers and manuscripts in service of the
formulation of electronic signatures as well as experimentally created
electronic signatures and defective ones must be immediately destroyed, while
the possibility of restoring electronic signatures in any form in computers and
other information carriers must be precluded, in order to ensure accuracy,
safety and confidentiality.
III.
ALLOCATION AND MANAGEMENT OF THE ALLOCATION OF ELECTRONIC SIGNATURES
Article 7.-
Subjects eligible for allocation of electronic signatures include:
1. Account holders or persons
who are authorized by account holders of payment service-providing
organizations that participate in inter-bank electronic payment (hereinafter
referred to as units participating in inter-bank electronic payment for short).
2. Chief accountants, heads of
accountancy sections or authorized persons of the units participating in
inter-bank electronic payment.
Article 8.-
Procedures for allocating electronic signatures
1. To be allocated electronic
signatures, account holders of the units participating in inter-bank electronic
payment shall have to send to the State Bank’s units written requests for
electronic signature allocation together with lists of their staff members who
are eligible for electronic signature allocation.
2. The directors of the State
Bank’s units shall have to consider and approve the lists of persons to be
allocated electronic signatures at the requests of the units participating in
inter-bank electronic payment. The consideration and approval must be based on
the eligible subjects, the procedures of application for allocation, and the
use demand for electronic signatures in each unit participating in inter-bank
electronic payment. For the right subjects and application procedures, the
directors of the State Bank’s units or persons designated to assist the former
shall carry out procedures for allocating electronic signatures to each
individual at account holders requests.
Article 9.-
The State Bank’s units and units participating in the inter-bank electronic
payment shall have to open books to monitor the lists of electronic signature
allocatees under their respective management. Such books and documents of the
units, enclosed with the lists of persons requested to be allocated electronic
signatures, shall be kept by the heads of the accountancy and payment sections
(the State Bank’s units) and chief accountants or the heads of accountancy
sections of the units participating in inter-bank electronic payment.
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+ Electronic signatures
malfunction due to objective reasons such as damage of information carriers
containing electronic signatures in the transportation process, technical
errors, etc.
+ Electronic signatures are
lost, misplaced, disclosed or suspected of being disclosed.
+ Electronic signature
allocatees are transferred to other jobs or suspended from work.
Upon detecting that electronic
signatures malfunction, are lost, misplaced, disclosed or suspected of being
disclosed, the electronic signature allocatees shall have to promptly report
such to the account holders so that the latter make written requests to the
State Bank’s units for re-allocation of electronic signatures. Account holders
of the units participating in the inter-bank electronic payment shall have to
immediately recover electronic signatures, which malfunction, are disclosed or
suspected of being disclosed, for handling according to regulations.
IV. USE AND
MANAGEMENT OF THE USE OF ELECTRONIC SIGNATURES
Article
11.- Electronic signatures shall be used to encrypt and decode-control data
of electronic vouchers upon effecting the transmission and reception thereof
via computer networks among the units participating in inter-bank electronic
payment according to the current regulations of the State Bank.
Article
12.- Only those who are allocated electronic signatures shall be allowed to
use them in performing or authorizing others to perform their functions and
tasks in the money use or capital accounting and settlement. Electronic
signature allocatees are strictly prohibited to disclose or hand over their
electronic signatures to others for use in any circumstances.
When using electronic
signatures, the users must not disclose codes and methods of using their
electronic signatures. Computers, equipment and facilities for use of
electronic signatures must be placed out of others sight so that when
electronic signatures are used, other persons cannot watch their codes and
operating manipulations.
Article
13.- Electronic signature users must absolutely abide by the electronic
signature-using regulations and procedures already instructed in order to
ensure accuracy, safety and confidentiality.
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Article
14.- Electronic signatures shall be suspended from use, recovered or
altered in the following cases:
1. There are notices that electronic
signatures are lost, misplaced, disclosed or suspected of being disclosed.
2. The electronic signature
allocatees are transferred to other jobs or suspended from work.
3. The use duration of
electronic signatures has expired (periodical alteration).
Article
15.- Account holders of the units participating in inter-bank electronic
payment shall be responsible for suspending the use of electronic signatures by
administrative measures, and immediately recovering electronic signatures
already allocated to their staff members when:
1. Electronic signatures are
detected being lost, misplaced, disclosed or suspected of being disclosed, the
account holders of the units participating in inter-bank electronic payment
shall have to promptly telegraph such to the State Bank�s units which have allocated such electronic
signatures, and make written records identifying the reasons therefor or
responsible persons (those responsible persons shall have to sign on written
records), then report such in writing to the State Bank’s units.
2. The electronic signature
allocatees are transferred to other jobs or suspended from work. In these
cases, the electronic signature allocatees shall have to promptly return
electronic signatures they have preserved and used to the account holders. The
account holders shall have to recover electronic signatures, telegraph and
report such in writing to the State Bank�s
units which have allocated such signatures for appropriate handling measures.
3. They receive notices of the
State Bank’s units on the use suspension and alteration of electronic
signatures.
Article
16.- Directors of the State Bank’s units shall have to:
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2. Alter electronic signatures.
After a certain use duration, electronic signatures must be altered (periodical
alteration). Upon altering electronic signatures, the State Bank’s units shall
have to notify such to the concerned units and individuals for recovery of old
electric signatures and allocation of new ones. Account holders of the units
participating in inter-bank electronic payment shall have to supervise the
alteration of electronic signatures at their respective units.
Article
17.- Units where electronic signatures are recovered shall have to preserve
them for subsequent handling according to regulations. For electronic
signatures subject to recovery but irrecoverable, the units shall have to make
written records identifying the reasons for irrecoverability and persons
responsible therefor (if any), then promptly report such in writing to the
State Bank’s units, which have allocated such electronic signatures for
appropriate handling measures.
VI. HANDOVER,
RECEPTION, TRANSPORTATION, PRESERVATION AND DESTRUCTION OF ELECTRONIC
SIGNATURES
Article
18.- The handover, reception and transportation of electronic signatures
between the stages of formulating, allocating and recovering electronic
signatures shall be effected according to the following regulations:
1. Modes of handover, reception
and transportation of electronic signatures:
- Direct handover and reception;
- Delivery and reception via
registered secret mails.
2. All cases of direct handover
and reception of electronic signatures between the formulator, clericalist,
allocatee, recoverer, etc., must be book-entered with signatures of the two
involved parties, and handed over right at working offices according to
regulations of units heads.
3. When sending electronic
signatures via registered secret mails, the State Bank’s units and the units participating
in inter-bank electronic payment must make entry in their books
"electronic signatures sent out" for monitoring and comparing
purposes and proceeding with the following procedures:
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* Enveloping: The sent-out
electronic signatures must be put in separate envelopes, not in the same
envelopes with ordinary documents. Envelopes must be made of tough,
hard-to-strip, water-proof and non-translucent paper, diagonally folded and
stuck by a highly adhesive glue. Each electronic signature to be sent out must
be put in two envelopes:
- Inner envelope: This envelope
must be clearly inscribed with the serial number and sign of the electronic
signature, name of recipient, affixed with "top-secret" stamp and
with the inscription of "to be opened by the named person only".
Subsequently, it shall be stitched with thread, sealed up with wax or stuck
with a hard-to-strip super-thin paper tape on the envelope’s back diagonal
overlaps, with seal-up stamp affixed on corners of such paper tape, half on the
tape and half on the envelope. Seal-up ink must be in bright red;
- Outer envelope: This envelope
must be inscribed as ordinary documents envelopes, and affixed with
"B" (capital letter) stamp (without "top secret" seal).
The State Bank’s units and the
units participating in inter-bank electronic payment shall have to monitor,
inspect and make comparison with units or individuals that receive electronic
signatures in order to avoid missing and errors.
4. For electronic signatures
received via registered secret mails: electronic signatures sent in must be
entered as secret documents in the book of "secret documents sent in"
for monitoring and promptly reported to the account holders of the units
participating in inter-bank electronic payment before being handed over to the
allocatees (recipients). Electronic signature recipients must immediately
return sending slips to the sending places right on the date of receipt.
Article
19.- The storing and preservation of electronic signatures shall be effected
according to the following regulations:
1. Newly formulated electronic
signatures, electronic signatures already allocated but left unused or
currently in use, and those already recovered and awaiting handling must all be
book-monitored, stored and preserved by the concerned units and individuals
according to the regime applicable to top-secret documents.
2. Electronic signatures, when
being left unused or awaiting use, must be carefully stored and preserved in trunks
or chests, which are firmly locked, kept safe and placed at working offices.
Article
20.- Electronic signatures shall be destroyed after being suspended from
use
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2. The destruction of electronic
signatures shall be decided by the directors of the State Bank�s units.
- The destruction of electronic
signatures must ensure that the possibility to reuse (destroyed) electronic
signatures is precluded.
- For all cases of destruction
of electronic signatures, destruction councils must be set up.
3. The State Bank�s units must open books for
monitoring destroyed electronic signatures.
VII. HANDLING
OF VIOLATIONS
Article
21.- Units and individuals that violate one of the contents prescribed in
Article 4 of this Regulation, lose their electronic signatures, use electronic
signatures in contravention of the regulations or abuse electronic signatures
to embezzle the State’s property and violate other provisions of this
Regulation shall, depending on the nature and seriousness of their violations,
be disciplined, administratively handled or examined for penal liability and
have to make material compensations for damage caused by their violations
according to the provisions of law.
VIII.
IMPLEMENTATION VIOLATIONS
Article
22.- The director of the Accountancy and Finance Department shall have to:
1. Base on the provisions of
this Regulation to coordinate with the Banking Information Technology
Department in selecting and deciding on plans and procedures for formulating,
allocating and managing electronic signatures for use in the Vietnam State
Bank’s electronic money transfer system.
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Article
23.- The director of the Transaction Bureau and the directors of the State
Bank’s branches in the provinces and centrally-run cities shall have to:
1. Manage the formulation,
allocation, alteration and use instruction of electronic signatures in the
inter-bank electronic payment organized by them.
2. Guide and inspect the
implementation of the Regulation on formulation, allocation, use and management
of electronic signatures in inter-bank electronic payment.
Article
24.- The director of the Banking Information Technology Department shall
have to coordinate with the State Bank’s concerned units in selecting or
developing software programs for allocation and management of electronic
signatures in the inter-bank electronic payment and the electronic money
transfer of the State Bank of Vietnam.
Article
25.- General directors (directors) of payment service-providing
organizations shall have to:
1. Base on the provisions of
this Regulation to select and decide on plans and procedures for formulating,
allocating and managing electronic signatures in their respective internal
electronic payment systems.
General directors (directors) of
payment service-providing organizations may reach agreements with their
customers (who have opened accounts at and conduct payment transactions via
payment service-providing organizations) on the use of electronic signatures in
electronic payment between such payment service-providing organizations and
their customers.
2. General directors (directors)
of the units participating in electronic payment shall have to manage and
supervise the use of electronic signatures at their respective units in strict
compliance with this Regulation.
Article
26.- Any amendments and supplements to this Regulation shall be decided by
the State Bank Governor.
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APPENDIX NO. 1
NAME OF THE UNIT:
..........................
THE LIST OF PEOPLE REQUIRED TO ISSUE THE ELECTRONIC
SIGNATURE
(in conjunction with the official dispatch No.
date of )
Order
Full
name
Date
of birth
Working
place
Position
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Account holder of the unit
participating in the inter-bank electronic payment