Decree No. 35/2007/ND-CP dated March 8, 2007 of the Government on banking e-transactions

DECREE

ON BANKING E-TRANSACTIONS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 12, 1997 Law on the State Bank of Vietnam and the June 17, 2003 Law Amending and Supplementing a Number of Articles of the Law on the State Bank of Vietnam;

Pursuant to the December 12, 1997 Law on Credit Institutions and the June 15, 2004 Law Amending and Supplementing a Number of Articles of the Law on Credit Institutions;

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

Pursuant to the June 17, 2003 Accounting Law;

At the proposal of the Governor of the State Bank of Vietnam,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope

This Decree provides for banking e-transactions.

Article 2.- Application subjects

This Decree applies to agencies, organizations and individuals choosing to use or provide e-transaction services in banking activities.

Article 3.- Principles for banking e-transactions

1. Banking e-transactions must accord with the provisions of the E-Transaction Law, this Decree and relevant provisions of law.

2. This Decree provides for only modes of conducting banking e-transaction, not contents of banking activities, which are governed by other laws.

3. Unless otherwise provided for by the State Bank Governor, agencies, organizations and individuals may choose to conduct e-transactions or conventional ones.

4. The provision of public services in electronic forms by the State Bank of Vietnam (below called the State Bank) complies with the State Bank's regulations but does not contravene the E-Transaction Law, this Decree and relevant provisions of law.

Chapter II

BANKING E-TRANSACTIONS

Article 4.- Banking e-transactions

Banking e-transactions are transactions defined in Chapter III of the Law on the State Bank of Vietnam and Chapter III of the Law on Credit Institutions, excluding those related to the issuance of bills of exchange and other valuable papers.

Article 5.- Conditions for agencies, organizations and individuals to participate in banking e-transactions

1. An organization providing banking e-transaction services is required to meet the following conditions:

a/ Being licensed to provide banking service services under the provisions of law;

b/ Having a venue, communication network and equipment as well as electronic facilities capable of ensuring information integrity and safety, meeting the requirements of exploitation, control, processing, use, preservation and storage of e-documents;

c/ Having qualified personnel who are capable of meeting technical and technological requirements and requirements of banking operations.

2. An agency, organization or individual using banking e-transactions is required to meet the following conditions:

a/ Committing to observe e-transactional procedures set by the concerned e-transaction service-providing organization;

b/ Having e-signatures as prescribed by law;

c/ Establishing a mode of sending and receiving e-documents with the e-transaction service-providing organization.

Article 6.- Authorities certifying e-signatures in banking activities

Authorities certifying e-signatures in banking activities are defined in the E-Transaction Law and the Government's decrees guiding the implementation of the E-Transaction Law regarding e-signatures and certification of e-signatures.

Article 7.- Use of e-signatures in banking activities

1. E-signatures in banking activities include digital signatures and e-signatures of other types prescribed by law.

2. Agencies, organizations and individuals may reach agreement to use e-signatures, except for cases in which the State Bank Governor provides for the use of e-signatures in specific banking activities.

Chapter III

BANKING E-DOCUMENTS

Article 8.- Contents of e-documents

1. Principal contents of a banking e-document:

a/ The name and serial number of the document;

b/ The date of issuing the document;

c/ The name and address of the organization or individual issuing the document;

d/ The name and address of the organization of individual receiving the document;

e/ The contents of the arising operation;

f/ The signatures and full names of the issuer and persons related to the issuance of the document as prescribed by law.

2. E-documents in accounting operations must, apart from having the contents defined in Clause 1 of this Article, meet the conditions specified in Article 17 of the Accounting Law.

3. Apart from the contents specified in Clauses 1 and 2 of this Article, an e-document may have other contents depending on each type of professional operation.

Article 9.- Provisions on format of e-documents

The format of e-documents must meet the following conditions:

1. Enabling the differentiation, identification and accessibility of each e-document.

2. Specifying the position, characteristics, type and length and professional bindings of each element on an e-document.

3. Ensuring the automatic transmission, receipt, processing, preservation and storage of e-documents on electronic means.

Article 10.- Principles for issuing and controlling e-documents

1. E-documents shall be issued strictly according to the set procedures and format with full information prescribed in Clause 1, Article 8 of this Decree.

2. The issuer, controller, signer for approval and other signers of an e-document shall be responsible for its contents.

3. All contents prescribed in Article 8 of this Decree shall be presented in an e-document.

Article 11.- Issuance, control and signing of e-documents

1. E-documents issued from paper documents must be checked to ensure the consistency of their contents.

2. E-documents issued from other e-documents must ensure the consistency of their contents with those of original e-documents.

3. When an e-document is issued and controlled through many steps, it is necessary to check:

a/ Its contents at each step;

b/ E-signatures of the issuer and controller at the preceding step.

4. The issuer, controller, signer for approval and other persons responsible for signing an e-document shall put their e-signatures on that e-document after fulfilling their assigned tasks.

Article 12.- Lawful and valid e-documents

An e-document is considered lawful and valid when it meets all the following conditions:

1. It complies with the provisions of Articles 8, 9, 10 and 11 of this Decree.

2. It ensures the integrity of information on it.

3. It ensures its legality after its origin of creation is checked.

Article 13.- Encoding of e-documents

The encoding of e-documents complies with the provisions of law on encoding.

Article 14.- Validity time of e-documents

An e-document becomes valid from the time it meets the conditions specified in Article 12 of this Decree.

Article 15.- Cancellation of e-documents

1. An e-document cancelled during its validity term shall be marked with a specific symbol showing its cancellation and the cancellation reason, and be separately stored in an electronic means for monitoring.

2. The cancellation of an e-document during its validity term complies with the provisions of law.

Article 16.- Conversion of e-documents into paper documents

1. Only e-documents which meet the conditions in Article 12 of this Decree may be converted into paper documents.

2. The conversion of an e-document into a paper document must ensure the consistency of their contents.

3. The converter of an e-document into a paper document shall sign and write his/her full name on the paper document; and additionally append a seal on documents which are required to have such a seal.

4. Converted e-documents shall bear a specific symbol for identification.

Article 17.- Re-sending and re-receipt of e-documents

1. An e-document shall be re-sent and re-received in the following cases:

a/ Due to a technical incident or the failure of the last sending or receipt;

b/ At the recipient's request.

2. The re-sending and re-receipt of e-documents must ensure safety and non-repetition.

3. The re-sending and re-receipt of e-documents are provided for each type of banking operation.

Article 18.- Recording the sending and receipt of e-documents

The sending and receipt of an e-document shall be recorded by electronic means with the following fundamental information:

1. The places and time of sending and receiving the e-document and its length.

2. The state of certification of the e-document when certification is requested.

Article 19.- Forms of preservation and storage of e-documents

1. E-documents shall be preserved and stored by electronic means.

2. Agencies, organizations and individuals may select and apply forms of preservation and storage of e-documents suitable to their operation characteristics and technology application capabilities.

3. When necessary, e-documents preserved and stored by electronic means may be converted into the paper form for storage.

Article 20.- Requirements on preservation and storage of e-documents

The storage of e-documents must:

1. Ensure safety, confidentiality, integrity, completeness, non-alteration and non-falsification of e-documents throughout the storage period.

2. Ensure that e-documents are kept properly and for the full period prescribed for each type of e-document in accordance with law.

3. Ensure that e-documents may be printed out or referred to upon request.

Article 21.- Conditions for units preserving and storing e-documents

A unit assigned to preserve and store e-documents must meet the following conditions:

1. Having a plan for preservation and storage of e-documents by electronic means and submitting it to a competent authority for approval before implementation.

2. Maintaining electronic means, technical equipment and storage places and formulating a technical process for preservation and storage of e-documents to meet exploitation and use requirements.

3. Having auxiliary devices to ensure the exploitation of e-documents.

Article 22.- Plans for preservation and storage of e-documents

A plan for preservation and storage of e-documents has the following principal contents:

1. The scope of preservation and storage.

2. Technical measures to organize preservation and storage of e-documents and ensure safety:

a/ Selected technologies, technical equipment and storage places;

b/ Organization of principal and standby storage systems;

c/ Regulations on periodical inspection and duplication;

d/ Other necessary measures to ensure safety, rationality and scientificity, risk prevention and handling.

3. Technical process for preservation and storage:

a/ Putting e-documents into storage;

b/ Exploiting and using stored e-documents;

c/ Inspecting, supervising safety of stored e-documents;

d/ Applying measures to prevent and handle risks;

e/ Deleting e-documents upon the end of the storage period;

f/ Other technical contents related to the preservation and storage of e-documents.

Article 23.- Deletion of e-documents

1. Deletion of an e-document means to disable the accessibility and reference to information contained in that e-document.

2. Upon the end of its prescribed storage period, an e-document may be deleted unless otherwise decided by a competent state agency.

3. The deletion of an e-document may not affect the integrity of undeleted data messages and the normal operation of the information system.

Article 24.- Responsibilities of organizations and individuals assigned to preserve and store e-documents

1. To strictly carry out the approved plan on preservation and storage of e-documents.

2. To control e-documents to ensure their accuracy, consistency and completeness before putting them into storage.

3. To record for monitoring the storage place and time and list of stored e-documents with the signatures of all involved persons.

4. To take responsibility for the risks they cause to stored e-documents.

5. To take responsibility for maintaining safety and serving the exploitation and use of stored e-documents.

6. Persons assigned to preserve and store e-documents have the following tasks:

a/ To immediately report to the heads of their units for promptly handling and overcoming possible or existing risks to stored e-documents;

b/ Disallow any organizations or individuals to exploit and use stored e-documents without written consent of the heads of their units.

Chapter IV

SETTLEMENT OF DISPUTES, COMPLAINTS AND DENUNCIATIONS; SUPERVISION, INSPECTION, AND HANDLING OF VIOLATIONS

Article 25.- Settlement of disputes

Disputes related to banking e-transactions shall be settled under the provisions of the E-Transaction Law, this Decree and the contracts signed between concerned parties.

Article 26.- Complaint and denunciation

Complaints about administrative decisions and administrative acts in banking e-transactions and denunciations with competent state agencies against acts of violation related to banking e-transactions shall be made under the provisions of law on complaints and denunciations.

Article 27.- Inspection and supervision

1. Competent state management agencies shall inspect, supervise, detect and handle violations in banking e-transactions.

2. Organizations and individuals participating in banking e-transactions are subject to inspection and supervision by competent state agencies under the provisions of law.

3. The inspection of organizations and individuals involved in banking e-transactions complies with the provisions of law on inspection.

Article 28.- Handling of violations

1. Agencies and organizations that commit violations of law while participating in banking e-transactions shall, depending on the nature and severity of their violations, be administratively sanctioned or forced to terminate operations in accordance with law.

2. Individuals that commit violations of law while participating in banking e-transactions shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

3. Agencies, organizations or individuals that cause damage to others while participating in banking e-transactions shall pay compensations in accordance with law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 29.- Implementation effect

1. This Decree takes effect 15 days after its publication in "CONG BAO."

2. The previous regulations contrary to the provisions of this Decree are hereby annulled.

Article 30.- Implementation responsibilities

1. The State Bank of Vietnam shall coordinate with concerned ministries and branches in guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decree.