THE MINISTRY OF
FINANCE
|
SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom - Happiness
|
No.
78/2008/TT-BTC
|
Ha
Noi, September 15, 2008
|
CIRCULAR
GUIDING THE IMPLEMENTATION OF A NUMBER OF CONTENTS OF THE GOVERNMENT'S
DECREE NO. 27/2007/ND-CP OF FEBRUARY 23, 2007, ON E-TRANSACTIONS IN FINANCIAL
ACTIVITIES
Pursuant to the November 29, 2005 Law on E-Transactions;
Pursuant to the November 29, 2006 Law on Information Technology;
Pursuant to the Government's Decree No. 27/ 2007/ND-CP of
February 23,2007, providing for e-transactions in financial activities;
Pursuant to the Government's Decree No. 77/ 2003/ND-CP of
July 1, 2003, defining the functions, tasks, powers and organizational
structure of the Ministry of Finance;
The Ministry of Finance guides the implementation of a
number of contents of the Government's Decree No. 27/2007/ND-CP of February 23,
2007, providing for e-transactions in financial activities, as follows:
Part I
GENERAL PROVISIONS
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This Circular specifically guides
requirements on parties entering into e-transactions in financial activities:
the use of the Finance Ministry's e-data; the use of e-signatures: the legal
validity of and specific signs on converted documents: procedures for the
grant, suspension or revocation of papers of recognition of value-added network
(VAN) service providers; VAN service charges; and relationships between VAN
service providers and their partners.
2. Subjects of application
Users of e-transactions in
financial activities and providers of value-added network services on
e-transactions in financial activities.
3. Interpretation of terms
The terms referred to in this
Circular have the same meanings as already defined in Decree No. 27/2007/ND-CP.
Under this Circular, the terms below are construed as follows:
3.1. Technical infrastructure in
e-transactions includes hardware equipment, applied software and transmission
lines.
3.2. Professional
technical regulations mentioned in Clause 2, Article 4 of Decree No.
27/2007/ND-CP refer to technical infrastructure conditions, display formats and
forms of e-documents. e-signatures, digital signatures, processes to ensure
integrity, safety and confidentiality in conducting e-transactions in financial
activities. The Ministry of Finance shall specify in specialized guiding
documents professional technical regulations applicable to each type of
operation.
3.3. Professional
agencies means units under the Ministry of Finance which perform the state
management of e-transactions in financial activities, including the General
Department of Taxation, the General Department of Customs, the State Securities
Commission, the State Treasury, the National Reserves, and the Financial
Informatics and Statistics Department.
3.4. Value-added network services
in financial activities (referred to as VAN services) means the services of
transmitting and receiving e-documents between service users and professional
agencies to conduct e-transactions in financial activities.
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Depending on the requirements of
each specialized financial operation, professional agencies shall grant or
revoke papers of recognition of VAN service providers in accordance with this
Circular.
Part II
SPECIFIC PROVISIONS
I. REQUIREMENTS
ON PARTIES ENTERING INTO E-TRANSACTIONS IN FINANCIAL ACTIVITIES
1. Requirements on providers of
services of e-transactions in financial activities
a/ Being organizations licensed to
provide financial services in professional operations specified in Article 11
of Decree No. 27/2007/ ND-CP;
b/ Making public, and taking
responsibility before law for, service use conditions such as infrastructure,
time of service provision, capability to control and handle risks occurring in
the course of transactions, places for lodging complaints and responding to
inquiries.
2. Requirements on users of
services of e-transactions in financial activities
a/ Committing to follow e-transaction
processes developed by providers of e-transaction services. Such commitment may
be made in the form of contract or notice as agreed upon between transaction
parties, which must indicate legal responsibilities of the parties.
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II. USE OF
DATABASES OF PROFESSIONAL AGENCIES
1. Agencies, organizations and
individuals that wish to use databases directly operated and managed by
professional agencies for conducting e-transactions in financial activities
must meet the following requirements:
1.1 Having infrastructure and
application systems ready for data exchange;
1.2. Strictly following e-data
display formats applicable to each type of e-transaction as specified by
professional agencies;
1.3. Satisfying professional
agencies' requirements for technical infrastructure applicable to each type of
transaction;
1.4. Obtaining professional
agencies' written approval of solutions to exchange e-information and -data
developed by them, provided that the above requirements are satisfied.
2. Procedures for approval of
plans to use databases of professional agencies
2.1. Agencies, organizations and
individuals that wish to use professional agencies' databases for conducting
e-transactions in financial activities shall each make 5 dossier sets and send
them to professional agencies. Such a dossier comprises:
a/A written application for supply
and use of databases of professional agencies;
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2.2. Within 30 working days after
receiving valid dossiers, professional agencies Shall give written replies to
applicants, and clearly state the reason in case of disapproval.
III. USE OF
E-SIGNATURES
Under Article 14 of Decree No.
27/2007/ND-CP, organizations and individuals entering into transactions with
finance agencies shall use digital signatures supplied by public certification
authorities. If public certification services are unavailable, transaction
parties may agree in writing on the use of e-signatures to ensure convenience
and safety in the course of conducting transactions.
IV.
LEGAL VALIDITY OF PRINTED DOCUMENTS CONVERTED FROM E-DOCUMENTS AND VICE VERSA
(REFERRED TO AS CONVERTED DOCUMENTS)
A. LEGAL VALIDITY OF CONVERTED
DOCUMENTS
1. A con verted document has the
legal validity if meeting the requirements regarding the integrity of
information on the original document, the specific sign certifying the
conversion, and the signature and full name of the person effecting the
conversion under Clauses 1 and 2. Article 7 of Decree No. 27/2007/ND-CP.
2. For some converted documents,
when necessary and depending on the requirements of each operation,
professional units may require, in specialized guiding documents, signatures of
heads of units or persons authorized by those heads on converted documents as
prescribed by law.
B. SPECIFIC SIGNS ON CONVERTED
DOCUMENTS
1. The specific sign on a printed
document converted from an e-document must fully contain the following
information: the phrase "DOCUMENT CONVERTED FROM E-DOCUMENT" for
distinguishing a converted document from the original document; full name and
signature of the person effecting the conversion; and time of conversion.
Unless otherwise provided in specialized guiding documents, the specific sign
on a converted documents expressed in the following form:
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Full name: Signature:
Time of conversion:
2. The specific sign on an
e-document converted from a printed document must fully contain the following
information: a sequence of characters for distinguishing a converted document
from the original document; full name and e-signature of the person effecting
the conversion: and time of conversion. Forms of expressing specific signs are
stipulated in specialized guiding documents. Unless otherwise provided in
specialized guiding documents, the specific sign on a printed converted
document is expressed in the following form:
Document converted from printed
document
Full name: Signature:
Time of conversion:
3. Depending on the requirements of
each operation, professional agencies may prescribe in specialized guiding
documents more specific signs on original documents of converted documents.
V. GRANT OF
PAPERS OF RECOGNITION OF VAN SERVICE PROVIDERS
A. PROCEDURES FOR GRANT OF PAPERS
OF RECOGNITION OF VAN SERVICE PROVIDERS
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1.1. Requirements on VAN service
providers
a/ Being an enterprise operating in
Vietnam with a business registration certificate or investment certificate/investment
license in the information technology domain;
b/ Having experience in developing
information technology solutions for enterprises; and solutions to exchange
e-data between professional agencies and enterprises, specifically:
bl/ Having operated for at least 5
years in developing information technology solutions or software;
b2/ Having successfully developed
information technology systems for at least 50 enterprises;
b3/ Having operated an e-data
exchange system to exchange e-data between its branches or between the
enterprise and its partners.
1.2. Financial requirements
a/ Having full financial capacity
to establish a technical equipment system and organize and maintain operation
suitable to the scope of service provision;
b/ Having a credit institution's
paper of guarantee or having bought insurance for compensation for possible
risks in the course of providing services of transmitting and receiving
e-documents between service users and professional agencies;
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1.3. Personnel requirements
Having staff members satisfying the
requirements on professional qualifications and scope of service provision,
specifically:
a/ Technicians must possess
international certificates for operation and confidentiality of information
technology systems;
b/ Operators must be knowledgeable
about financial operations and the law on finance.
1.4. Technical requirements
a/ Establishing a technical
equipment system satisfying the following requirements:
a1/Allowing service users to access
services and ensuring around-the-clock and 7 days-a-week connection with the
online e-data processing systems of professional agencies. The duration for
suspending the system for maintenance must not exceed 2% of the total hours of
service provision:
a2/ Ensuring confidentiality,
integrity and readiness of data exchanged between parties entering into
transactions; taking measures to control transactions between service users and
professional agencies;
a3/ Being capable of detecting,
warning and preventing all illegal access and forms of hacking in the network
environment;
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+ The data storage system must
meet, or be proved to conform to, standards on data storage systems:
+ Applying data copying and restoring
processes in case of system failures; ensuring online copying of all data; and
ensuring that the maximum time limit for retrieving data is 8 hours after a
system failure occurs;
a5/ Conforming to standards on
information system security;
b/ Applying solutions to store
e-documents. results of data transmission and receipt between parties entering
into transactions and e-documents during the time transactions have not yet
been completed, meeting the following minimum requirements:
bl/ Original e-data massages must
be stored in the svstem until transactions are successfully conducted;
b2/ Original e-data massages may be
accessed online until transactions are successfully conducted:
c/ Information relating to the
course of conducting e-transactions in the system must be stored for at least
10 years after transactions are successfully conducted. Such information may be
accessed online within the above storage time limit;
d/ Having standby plans and systems
to maintain safe and uninterrupted operation, and plans on response to
contingencies and failures;
e/ Having plans to expand services
in case of increase in service use.
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2.1. Dossiers of registration for
VAN service provision
A dossier of registration for VAN
service provision is made in 5 sets, each comprising:
a/The organization's registration
application for VAN service provision;
b/ The business registration
certificate or investment certificate/investment license of the Vietnam-based
foreign organization (a notarized copy);
c/The credit institution's
(original) paper of guarantee or insurance policy (a notarized copy) on
compensation for possible risks in the course of providing services of
transmitting and receiving e-documents between VAN service users and
professional agencies;
d/The organization's website
address for service users' access and use.
e/ A scheme on VAN service
provision, comprising:
el/ A detailed business plan,
indicating the scope of service provision and service users: service quality
standards; service charges: total investment fund and allocation of investment
fund in each period: the form of investment and capital raising plan;
personnel; and other necessary information;
e2/ A plan on technical
infrastructure and solutions; the equipment system meeting technical
requirements specified in this Circular;
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e4/A written commitment to provide
services to users for at least 5 years and develop wide-coverage information
technology system which is ready to connect to the professional agency's e-data
processing system.
2.2. Receipt of dossiers
Dossiers of registration for VAN
service provision shall be submitted to professional agencies. Depending on
each specialized financial operation, dossiers shall be submitted at a relevant
professional agency. If dossiers are complete and valid, professional agencies
shall issue notices of receipt of dossiers; if refusing to receive dossiers,
professional agencies shall give written replies clearly stating the reason.
2.3. Examination and acceptance of
dossiers of registration for VAN service provision
a/ Within 30 days after receiving
organizations' dossiers of registration for VAN service provision, professional
agencies shall examine and verify them. If the dossiers fully meet the criteria
specified at Clause 1, Point A of Section V.
professional agencies shall accept
them in writing. When necessary, the time limit for dossier examination may be
extended but must not exceed 60 days after the receipt of the dossiers.
b/ If organizations registering to
provide VAN services fail to satisfy the conditions specified at Clause 1,
Point A, Section V of this Circular, professional agencies shall notify the
refusal in writing, clearly stating the reason.
2.4. Publication of decisions
accepting dossiers of registration for VAN service provision
Right after deciding to accept dossiers
of registration for VAN service provision, professional agencies shall
publicize on their websites and the Finance Ministry's website a list of
organizations with accepted dossiers of registration for VAN service provision.
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3.1. Cases in which
re-registration of the time for connection to professional agencies' e-data
processing systems is accepted
a/ Making re-registration before
the time of registration of connection to professional agencies' e-data
processing systems, as indicated in dossiers of registration for VAN service
provision.
b/ Invoking, though the registered
time limit has expired, plausible reasons for non-operation of the system.
3.2. Procedures for
re-registration of the time for connection to professional agencies' e-data
processing systems
a/ In case of re-registration
before the time of connection registration
When organizations apply in writing
for re-registration of the time for connection to professional agencies' e-data
processing systems, professional agencies shall consider and accept such
application.
b/ In case the time limit for
registration of the commitment to operate VAN service provision systems has
expired
b1/ Organizations shall justify the
delay in writing and re-register the time for connection to professional
agencies' e-data processing systems.
b2/ Based on dossier examination
results, professional agencies shall issue decisions accepting the
re-registration of the time for operating VAN service provision systems: in
case of non-acceptance, professional agencies shall give written replies
clearly stating the reason.
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The order of connecting information
technology systems of organizations with accepted dossiers of registration for
VAN service provision to professional agencies' e-data processing systems is as
follows:
4.1. Organizations shall
officially register in writing the time of connection to professional agencies'
e-data processing systems.
4.2. After receiving the
organizations' written official registrations for connection, professional
agencies shall:
a/ Inspect and survey the
organizations' information technology systems:
b/ Within 15 working days after
receiving written official registrations, issue to the organizations notices of
the order of connection:
c/ Make a minutes recognizing the
connection.
5. Grant of papers of recognition
of VAN service providers
Based-on organizations' dossiers of
application for VAN service provision: the results of examination of dossiers
and documents, the criteria for service providers, capability and personnel and
technical plans; and the minutes recognizing the successful connection of
organizations' information technology systems to professional agencies' e-data
processing systems, professional agencies shall:
5.1. Grant papers of recognition
of VAN service providers to organizations which have completed connection to
professional agencies' data processing systems;
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B. PROCEDURES FOR CHANGING CONTENTS
OF. AND RE-GRANTING, PAPERS OF RECOGNITION OF VAN SERVICE PROVIDERS
1. VAN service providers shall send
dossiers of application for change of the contents of papers of recognition of
VAN service providers to professional agencies in the following cases:
a/ They wish to change the contents
of the recognition papers:
b/They are reorganized.
2. A dossier of application
for change of the contents of a paper of recognition of VAN service provider is
made in 5 sets, each comprising: an application for change of the contents of
the recognition paper; a copy of the valid recognition paper; a report on the
operation situation and reasons for such change; details of proposed changes
and relevant documents.
3. Within 30 working days
after receiving valid dossiers of application for change of the contents of
papers of recognition of VAN service providers, professional agencies shall
verify the dossiers and conduct on-site inspection when necessary. If proposed
changes still satisfy the requirements specified at Clause 1, Point A of
Section V, professional agencies shall grant renewed papers of recognition of
VAN service providers to organizations. If proposed changes fail to fully meet
the prescribed requirements, professional agencies shall issue written notices
clearly stating the reason.
4. In case papers of
recognition of VAN service providers are lost, torn, burnt or otherwise destroyed,
VAN service providers may be re-granted papers. In order to be re-granted
papers of recognition of VAN service providers, organizations shall send
applications clearly stating the reason for re-grant to professional agencies
and pay charges therefor.
C. PROCEDURES FOR SUSPENSION OF VAN
SERVICE PROVISION
1. Cases subject to suspension
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b/ VAN service providers fail to
meet one of the conditions specified at Clause 1, Point A. Section V of this
Circular in the course of providing services as indicated in dossiers of
registration of schemes on VAN service provision;
c/ Suspension under decisions of
courts or competent state agencies.
2. Procedures for suspension
a/ Agencies competent to perform
state management of, and sanction administrative violations related to,
e-transactions in financial activities that detect VAN service providers"
commission of acts specified at Items a and b, Clause 1, Point D, Section V
shall make written records of providers' violations and transfer dossiers of
violations to professional agencies which shall consider and issue decisions to
suspend the operation of those providers.
b/ Upon receiving professional
agencies', courts' or competent state agencies' decisions on operation
suspension, VAN service providers shall:
bl/ Suspend the connection to
professional agencies' e-data processing systems;
b2/ Stop signing new contracts on
VAN service provision with service users:
b3/ Immediately remedy causes that
lead to such suspension:
b4/ Handle other matters related to
the provision of VAN services to service users and professional agencies.
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d/ Within 3 months after being
suspended from operation, if VAN service providers can remedy violations
specified in Clause 1 of Point C, professional agencies may consider and issue
decisions to permit those providers to resume their operation. If VAN service
providers fail to remedy violations, the suspension duration shall be extended
for additional 3 months. Past this time limit. VAN service providers that fail
to remedy violations shall have their papers of recognition of VAN service
providers revoked.
D. PROCEDURES FOR REVOCATION OF
PAPERS OF RECOGNITION OF VAN SERVICE PROVIDERS
1. Cases subject to revocation
a/ Forging documents or supplying
inaccurate information in dossiers of registration of schemes on VAN service
provision;
b/ Failing to provide VAN services
within 12 months after being granted papers of recognition of VAN service
providers;
c/ Committing prohibited acts
specified in Article 9 of the Law on E-Transactions;
d/ Past the prescribed time limit,
failing to remedy causes of the suspension;
e/ Voluntarily applying for the
revocation of papers of recognition of VAN service providers;
f/ Being dissolved under Points a.
b and c, Clause 1. Article 157 of the November 29. 2005 Enterprise Law:
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2. Order of revocation of VAN
service provision certificates
2.1. For cases subject to revocation
specified at Points a, b, c and d, Clause 1, Point D, Section V of this
Circular, the order of revocation is specified as follows:
a/ Agencies competent to perform
the state management of, and sanction administrative violations related to,
e-transactions in financial activities that detect VAN service providers'
commission of violations shall make written records of providers' violations
and transfer dossiers of violations to professional agencies which shall
consider and issue decisions to suspend the operation of those providers.
b/ Right upon receiving decisions
suspending the provision of VAN services, organizations shall:
bl/ Suspend the connection to
professional agencies' e-data processing systems;
b2/ Stop signing new contracts on VAN
service provision with service users;
b3/ Within 15 days after the
issuance of decisions on operation suspension, report in writing to
professional agencies on solutions to liquidate contracts with service users
and data processing options:
b4/Transfer all data and
information stored in the course of VAN service provision to professional
agencies or other VAN service providers at the request of service users and
upon approval of professional agencies;
b5/ Handle other matters related to
VAN service provision with service users and professional agencies at the
request of professional agencies;
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c/ Within 5 working days after VAN
service providers complete contract liquidation and settle relevant matters,
professional agencies shall issue decisions to revoke papers of recognition of
VAN service providers.
2.2. For cases specified at Item e,
Clause 1, Point D, Section V of this Circular, the order of revocation is as
follows:
VAN service providers that apply
for the suspension of VAN service provision and the revocation of papers of
recognition of VAN service providers shall send application dossiers to
professional agencies for consideration.
a/ A dossier of application for the
revocation of a paper of recognition of VAN service provider comprises:
a1/ A written application for the
suspension of VAN service provision and the revocation of the paper of
recognition of VAN service provider;
a2/ A copy of the paper of recognition
of VAN service provider;
a3/ A written justification of
application for the suspension of VAN service provision and the revocation of
the paper of recognition of VAN service provider;
a4/ A written report on the
provider's operation from the time of operation commencement to the time of
application;
a5/A written proposal on the
contents of. and time of liquidating, contracts with service users, options to
transfer data to professional agencies, and other relevant matters.
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Dossiers of application for the
revocation of papers of recognition of VAN service providers shall be submitted
to professional agencies. If dossiers are complete and valid, professional
agencies shall issue notices of receipt of dossiers: in case of non-acceptance,
they shall give written replies clearly stating the reason.
c/ Examination and revocation of
papers of recognition of VAN service providers
After receiving dossiers,
professional agencies shall:
c1/ Examine written justifications
for the revocation application;
c2/ Examine and verify service
providers' business activities related to the suspension of VAN service
provision;
c3/ Issue notices of acceptance,
decide to suspend VAN service provision and request service providers to abide
by the provisions of Item b, Clause 2, Point D, Section V of this Circular;
c4/ Within 30 days after receiving
decisions on operation suspension, service providers shall fulfill all
responsibilities and obligations towards service users and professional
agencies;
c5/ Professional agencies shall
issue decisions to revoke papers of recognition of VAN service providers after
these providers fulfill all their responsibilities and obligations as
prescribed by
law.
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a/ Within 7 days after dissolution
decisions are approved, service providers shall send suspension decisions to
professional agencies.
b/ After receiving dissolution
decisions from service providers, professional agencies shall:
bl/ Request those providers to
settle matters related to the liquidation of contracts with service users, and
data processing options; to transfer all data and information stored in the course
of VAN service provision to professional agencies or other VAN service
providers at the request of service users and upon approval of professional
agencies: to report to professional agencies within 5 working days after
completely comply with the requirements of professional agencies;
b2/ Send notices to business
registries on professional agencies' carrying out of procedures for the
revocation of papers of recognition of VAN service providers;
b3/ Issue decisions to revoke
papers of recognition of VAN service providers after the providers completely
comply with their requirements.
2.4. For the case specified at
Item g, Clause 1, Point D, Section V of this Circular, the order of revocation
is as follows:
a/ While competent state agencies
carry out procedures to revoke their business registration certificates or
investment certificates/investment licenses or declare their bankruptcy. VAN
service providers shall settle matters related to the liquidation of contracts
with service users and process data: transfer all data and information stored
in the course of VAN service provision to professional agencies or other VAN
service providers at the request of service users and upon approval of
professional agencies: to report to professional agencies within 5 working days
after completely complying with their requirements;
b/In case VAN service providers
fail to fulfill obligations specified at Item a, Clause 2.4, Point D, Section V
of this Circular, after having their business registration certificates or
investment certificates/investment licenses revoked by competent agencies or
being declared bankrupt under court rulings, at-law representatives and members
for limited liability companies; company owners, for one-member limited
liability companies: members of Boards of Directors, for joint-stock companies;
or partners, for partnerships, shall jointly fulfill the obligations specified
at Item a, Clause.2.4, Point D, Section V of this Circular;
cl Professional agencies shall
issue decisions to revoke papers of recognition of VAN service providers upon
receiving competent agencies' decisions to revoke business registration
certificates or investment certificates/investment licenses of service
providers or declare their bankruptcy;
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Within 5 working days after issuing
decision revoking papers of recognition of VAN service providers, professional
agencies shall post up these decisions at their working offices and on their
websites.
VI. VAN SERVICE
CHARGES
1. Conditions for collection of
VAN service charges
VAN service providers may collect
service charges only when they already have operated their information
technology systems according to the descriptions in technical solution schemes,
complete the connection to professional agencies' e-data processing systems,
and have their names posted by professional agencies on their websites.
2. Management of VAN service
charges
2.1. VAN service users and
providers may agree on and modify the scope of service provision and service
charge rates as appropriate. Such agreement must be made under contracts
between the parties.
2.2. Service users shall pay
charges for VAN services to VAN service providers as agreed in contracts.
2.3. VAN service providers shall:
a/ Supply service charge invoices
to charge payers under current regulations on the issuance, management and use
of invoices.
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cl Abide by other regulations on
service charges.
VII.
RELATIONSHIP BETWEEN VAN SERVICE PROVIDERS AND THEIR PARTNER
1. The relationship between VAN
service providers and VAN service users is established under contracts on VAN
service provision.
1.1. Rights and obligations of VAN
service providers
a/ Rights of VAN service providers
a 1/To conclude written contracts
with service users on VAN service provision and use. clearly defining
responsibilities of parties related to the contents of e-documents.
a2/ To refuse to provide VAN
services to individuals and organizations unqualified to enter into
transactions or breaching contracts.
a3/ To collect VAN service charges
from service users to maintain their operation.
b/ Obligations of VAN service
providers
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b2/ To provide transmission
services and complete forms of expressing e-documents for information exchange
between service users and professional agencies.
b3/To send, receive and supply
e-documents in a timely and integrated manner as agreed with parties entering
into transactions.
b4/ To store results of data
transmission and receipt and e-documents when transactions have not yet been
completed.
b5/ To ensure connection
infrastructure; take information control, security, safety, confidentiality and
integrity measures; and supply other utilities to parties exchanging
e-documents.
b6/To notify 30 days in advance
service users and professional agencies of the suspension of their systems for
maintenance, and measures to be taken to ensure service users' interests.
1.2. Rights and obligations of
service users
a/ Rights of service users:
al/To select VAN service providers
already recognized and publicized on websites of professional agencies in order
to sign VAN service provision contracts.
a2/ To use VAN services of VAN
service providers under contracts between the two parties.
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b/ Obligations of service users:
bl/To strictly observe the terms of
contracts signed with VAN service providers;
b2/ To create conditions for VAN
service providers to take measures to ensure system safety and security;
b3/ To take responsibility before
law for the contents created by them.
2. VAN service providers and
professional agencies
VAN service providers are subject
to professional agencies' management of VAN service provision.
2.1. Rights and obligations of VAN
service providers
a/ Rights of VAN service providers.
al/ To make connection to
professional agencies' e-data processing systems for providing VAN services
after being certified by professional agencies as meeting the prescribed
conditions.
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a3/To collaborate with professional
agencies in providing training to service users for VAN service provision.
a4/To be assisted by professional
agencies in settling problems arising in the course of VAN service provision.
a5/To be provided with standard
samples and formats by professional
agencies for the VAN service provision.
b/ Obligations of VAN service
providers:
bl/ Organizations holding papers of
recognition of VAN service providers may make connection with and commence
providing VAN services to service users only after completely developing
information technology systems an these systems have been examined and
certified by professional agencies.
b2/To supply adequate information
and data to competent agencies upon request according to law.
b3/ To observe current legal
provisions on telecommunications and the Internet as well as professional
technical regulations promulgated by professional agencies.
b4/ To establish channels
connecting to professional agencies' e-data processing systems to ensure
continuity, security and safety. When problems arise in the course of VAN
service provision, to take the initiative in settling them and notify problems
related to professional agencies' e-data processing systems to professional
agencies for coordinated settlement.
b5/ Implementation of regulations
on reporting by VAN service providers to professional agencies
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2.2. Responsibilities of
professional agencies
a/ To establish, maintain, and
ensure connection of VAN service providers' systems to professional agencies
for providing VAN services.
b/To collaborate with VAN service
providers in organizing training courses on specialized financial operations
for which they are allowed to collect training fees.
c/ To inspect the operation of VAN service providers to ensure
service quality and operation according to regulations.
Part III
ORGANIZATION OF
IMPLEMENTATION
1. This Circular takes
effect 15 days after its publication in "CONG BAO."
2. Professional agencies,
provincial-level Finance Services and concerned organizations shall implement
this Circular.
3. Any problems arising in
the course of implementation should be promptly reported to the Ministry of
Finance for study and settlement.
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FOR THE
MINISTER OF FINANCE
VICE MINISTER
Pham Sy Danh