Decision No. 480/QD-UBCK dated June 29, 2011 of the State Securities Committee on promulgating process of guiding securities companies to apply public digital deed in electric transactions with the State Securities

DECISION

ON PROMULGATING PROCESS OF GUIDING SECURITIES COMPANIES TO APPLY PUBLIC DIGITAL DEED IN ELECTRIC TRANSACTIONS WITH THE STATE SECURITIES COMMITTEE

PRESIDENT OF THE STATE SECURITIES COMMITTEE

Pursuant to the Law on Security dated June 29,2006;

Pursuant to the Law on E-Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Decree No.26/2007/ND-CP dated February 15, 2007 of the Government detailing the implementation of the Law on E-Transactions on digital signatures and services of certifying digital signatures;

Pursuant to the Decree No.27/2007/ND-CP dated February 23, 2007 of the Government stipulating E-transactions in the financial activities;

Pursuant to the Decision No.112/2009/QD-TTg dated September 11, 2009 of the Prime Minister on defining functions, tasks, powers and organizational structure of the State Securities Committee of Ministry of Finance;

Pursuant to the Circular No.50/2009/TT-BTC dated March 16, 2009 of Ministry of Finance guiding E-transactions on the Stock Market;

Pursuant to the Decision No.2198/2010/QD-BTC dated 30/08/2010 of Minister of Finance on using service of certifying specialized digital signatures for agencies to be of system of politics and digital deed subscribers management in Ministry of Finance;
Pursuant to the Decision No.27/2007/QD-BTC dated 24/04/2007 of the Minister of Finance promulgating Regulation of organization and operation of the securities companies; Decision No.126/2008/QD-BTC dated 26/12/2008 on amending, supplementing a number of Articles of the Regulation of organization and operation of the securities companies;

At the proposal of Director of Department of Information Technology,

DECIDES:

Article1.To issue together this Decision “Processof guiding securities companies to apply public digital deed in electric transactions with the State Securities Committee”.

Article2.This Decision takes effect from the signing date.

Article 3.Director of Department of Information Technology, Chief of the State Securities Commission, Deputy Minister of Department of Securities Business Management, heads of concerned units under the State Securities Commission, securities companies and other concerned organizations and individuals are responsible for the implementation of this Decision.

PROCESS OF GUIDANCE

SECURITIES COMPANIES APPLYING PUBLIC DIGITAL DEED IN ELECTRIC TRANSACTIONS WITH THE STATE SECURITIES COMMITTEE
(Issuing together with Decision No.480/QD-UBCK dated 29/6/2011 of president of the State Securities Committee)

I.GENERAL PROVISIONS

1. Scope of governing

This process guiding the securities companies to apply public digital deed (hereinafter called as digital deed) in electric transactions between the State Securities Committee (SSC) and the securities companies (hereinafter called as parties participating in transaction).

2. General requirements

2.1Electric documents, massages are used digital deeds to sign before being attached to electric mail(Email)with validity to replace the stamped documents(hard copies).

2.2 The sending/receipt of Email must be implemented by application of MS OutlookorOutlookExpress.The Emails must be used digital deed to sign and encrypt before being sent.

2.3Type of digital deed: using publicdigital deedVNPT-CA.

2.4Technical requirements:

-Using equipmentVNPT-CAToken.

- Computers used for sending/receiving documents must be installed operating system WindowsXP,office applicationofMicrosoftOffice2003orOffice2007(to install at least the componentsWord,Excel,Outlook).

-Computers used for sending/receiving documents must be connected with internet.

2.5Signing and encryption:

- The document files the securities companies must be signed by the private key (private key) in the digital deed of the securities company before they are sent to the SSC.

- E-mail after being created and attached documents file must be signed by the private key (private key) in the digital deed of securities company, then encrypted with the public key (public key) in the digital deed of the SSC before being sent to the SSC.

II.SPECIFIC PROVISIONS

1. Electric documents

1.1 The documents, electric documents that the securities companies must send to the SSC including:

-Monthly operating report;

-Quarter report;

-Early 06 months report;

-Ending year report;

-Irregular report;

- Report at request;

-Report of financial safety criteria;

- Report of block, odd-lot transactions;

- Report of transaction of major shareholders;

-Report for closing, opening customers’ accounts;

-Report of supervision and conformity;

-Quick report on stock market;

-Other reports according to provisions of the SSC.

1.2Electric documents for sending/receiving are made under the form offile*.DOCor *.DOCX,*.XLSor *.XLSX.

1.3If papers, documents for sending are implemented in many files, after being signed digitally, they must be put together in a bibliography and zipped together upon format of file *.rar or file *.zip before being sent.

1.4 Conversion from electric documents into paper one and vice versa is implemented according to Article7of the Decree No.27/2007/ND-CPdated February23,2007 of the Government stipulating on E-transactions in the financial activities:

If necessary, electric documents may be converted into paper one, however they must meet the following conditions:

-Respecting all contents of the electric documents;

- Having private signs certifying that they have been converted fromelectric documentsto the paper one;

- Having signature and full name of person who conducts conversion of electric documents into paper one.

If necessary, paper documents may be converted into electric one, however they must meet the following conditions:

-Respecting all contents of the paper documents;

-Having private signs certifying that they have been converted from paperdocumentsto the electric one;

-Having signature and full name of person who conducts conversion of paper documents into electric one.

2. Naming offile

Electric file is named according to the following format:

<Company>_<type of document>_<Summary>

The items in the pair of marks<>are written continuously without mark, the firstcharacterof each word is written in capital letter(for example:BaoCaoThang).

In which:

<Company> means code of the securities company (for example: ACBS)

(Reviewing Annex of companies codes together with this Decision)

<Type of document>is set notationas follows:

+BC_Thangfor Monthly operating report

+BC_Quyfor Quarter report

+BC_06Thangfor early 06 months report

+BC_Namfor yearly report

+BC_BatThuongfor Irregular report

+BC_TheoYeuCauforreport at request

+BC_ChiTieuATTCforreport of financial safety criteria

+BC_GiaoDichLoforReport of block, odd-lot transactions

+BC_GDCoDongLonforreport of transaction of major shareholders;

-Report for closing, opening customers’ accounts

+BC_DongMoTKforReport for closing, opening accounts;

+BC_GiamSatforReport of supervision and conformity

+BC_NhanhTTCKfor quick report on stock market

+HoSofordossier

+CongVanforofficial dispatch

<Sumary>is set notationas follows:

+Report period if it is periodical report, stated in words and numbers(for example:10 (month10),III(quarter3), 2011(year2011))

+ Other documents recording summarized contents with the recall not exceeding 20 digits.

3. Requirements for archive, utilization of electronic documents

3.1 The parties participating in the transaction implement:

- To arrange technical staffs meeting the professional requirements on management, exploitation and use of digital deeds.

- To equip with enough computers, technical equipment, arrange storage locations to preserve and archive electronic documents and serve the exploitation and use of archived electronic documents as prescribed.

- To develop process to backup and restore backup data

3.2 Archiving E-documents:

- E-documents must be monitored and compared with the concerned stages of processing to ensure the accuracy, correctness and completeness before being archived.

- E-documents must be under the unchanged or wrong, original form under the law regulations.

- E-documents must be archived with organization, science ensuring the finding, searching easily and conveniently.

- After E-documents are received, they must be performed periodic backup to the dedicated storage devices such as tapes, disks and must be stored in the place ensuring the safety on fire when the problems occurred

3.3 Exploitation and use of stored electronic documents:

- E-documents which are being saved are converted into paper vouchers to serve for the professional work of the units (if necessary).

- The exploitation and use of E-documents specified by the archiving unit ensuring conformity with the provisions of current law.

- The parties participating in the exploitation and use of E-documents must comply with the regulations issued by the management unit of archived E-documents

4. Process of sending, receiving and saving electric documents (E-documents)

4.1 The securities companies implement as follows:

Step 1: Creating E-documents in compliance with file format and naming file according to guidance in Item 1 and 2, Part II of this Process.

Step 2: Using digital deed to sign documents, signing and encrypting contents of email containing document file sending to the SSC by electric mail (Email). The signing and encryption of electric documents are implemented upon guidance in clause 2.5 Item 2 Part I of this Process.

Step 3: Sending E-documents to the SSC according to email:

[email protected].

Step 4: checking Email box of the company to receive the SSC’s reply, certifying the legitimate of the digital signature in the E-documents that the SSC has been received. The SSC shall reply to the securities company within 1/2 working day since the date of receiving the E-documents from the securities company.

Step 5: Saving the E-documents according to provisions in clause 3.2, Item 3, Part II of this Process.

4.2 Where the system of securities companies have problems leading the un-use of digital deeds, the company announces the secretariat division of SSC by phone or by e-mail at the address of [email protected] and sends hard copy reports which are stamped for the right time as prescribed. Time for sending report is based on the postmark. After the incident is resolved, the securities company resends the report by E-document to the SSC for storage.

Where Email system of the SSC gets troubles, the SSC informs the securities companies via electronic portal of the SSC and suggests the companies submitting hard copy reports stamped. Time for sending report is based on the postmark. After the incident is resolved, the SSC informs by e-mail requesting the securities companies to return the reports by E-document to the SSC for storage.

4.3 Time of sending/receiving electronic reports is based on the timestamps of sending and receiving email. Where dispute arises over time of sending/receiving, it will require service provider CA to provide time deed authentication at the time of sending and receiving email

5. Technical support and complaints settlement

- Unit providing the public digital deed coordinates with the Department of Information Technology SSC to solve problems related to the use of digital deeds.

- The Department of Information Technology SSC is the presiding unit deploying the application of digital deeds, to be contact point for guidance and technical support for the participating parties.

- The issues of complaints when the securities companies use digital deeds shall be based on the contract using service between securities companies and the service providers CA and the current legal provisions. The issues related to sending/receiving documents will be applied as for paper documents

III. IMPLEMENTATION ORGANIZATION

1. Assignment of implementation responsibility

1.1. Department of Information Technology - SSC:

- Is responsible for the State management on application of digital signature in the field of securities;

- Being contact point for solving the technical problems arising during the course of implementation;

- Coordinating with the unit that supplies digital deed to train and support on technique to the securities companies.

1.2. Securities companies

- Signing up for a (01) electronic mailbox address (Email) with the SSC in accordance with the proper email addresses registered for using the digital deed with service provider CA.

- Taking responsibility for complying with the report regime of time, the contents of the report under the current regulations and taking responsibility in full before the law for the accuracy, completeness and truthfulness on the contents of the report.

- Assigning users and preservation of digital deeds. Secret key, the data in the storage device of digital deeds are kept under the regime "Secret".

- In case of detection or suspicion of digital deeds, secret key is no longer safe; it needs to immediately notify the providers of digital deeds.

- The securities companies based on this process that are responsible for building internal regulations to carry out electronic transactions in accordance with the provisions of the Law on E-transactions and other legal documents. In which it should clearly define the responsibilities of the person who initially creates content of E-documents.

2. Annex on codes of the securities companies attached to this Decision will be updated annually by the actual situation.

3. The alternative, amendment and supplementation of this process shall be decided by the President of the SSC./.

ANNEX

CODES OF SECIRITIES COMPANIES
(Issuing together with Decision No.480/QD-UBCK dated June 29, 2011 of the State Securities Committee)