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Regulations on electronic transactions in financial operations

16:00 | 27/12/2018

VCN- The Government has issued Decree 165/2018/ND-CP on e-transaction in financial operations. Accordingly, agencies, organizations and individuals participating in e-transactions in financial operations must comply with the principles stipulated in Article 5 of the Law on E-Transactions; and provisions of specialized laws and relevant legal provisions.

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regulations on electronic transactions in financial operations

E-transaction in financial operations subject to administrative procedures must comply with the law on administrative procedures and online public services. The use of digital certificates and digital signatures in e-transactions in financial operations must comply with the law on digital signatures and digital signature certification services.

Legal validity of electronic documents

The Decree stipulates that e-documents must fully meet the requirements of state management and in accordance with specialized law provisions. The form, the creation, sending and receiving of e-documents and the legal validity of e-documents shall comply with the Law on E-Transactions.

E-documents are valid as originals when being implemented by one of the following measures:

-E-documents are digitally signed by agencies, organizations or individuals that create e-documents and relevant agencies, organizations or individuals in accordance with specialized law provisions.

-The information system has measures to ensure the security of e-documents in the process of transmission, receipt and storage on the system; saves information about agencies, organizations or individuals creating e-documents, and relevant agencies, organizations or individuals participating in processing e-documents. One of measures to identify the organizations or individuals creating e-documents and the organizations or individuals processing e-documents, is verification by digital certificates, biometric method, verification from two or more elements including elements of one-time authentication code or random authentication code.

-Other measures selected by the parties involved in the transaction must ensure the security of the data, the authenticity, the non-repudiation and the consistency with the provisions of the Law on E-transaction.

E-documents converted from paper documents shall have the same validity as paper documents

The Decree specifies the shift from paper documents to e-documents. Accordingly, for the shift form, the paper documents are shifted to e-documents by copying and converting into files on the information system, or the contents of paper documents are converted to data to save in the system.

E- documents shifted from paper documents must meet the conditions such as reflecting sufficient contents of paper documents; individual or agency, organization implementing (or responsible) the shift of paper documents to e-documents shall digitally sign on the e-documents after being shifted, or authenticated by one of authentication measures mentioned above.

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E-documents converted from paper documents shall have the validity the same as the paper documents, except for other cases provided by the specialized laws.

The Decree also stipulates the shift from e-documents to paper documents. In particular, the shifted paper documents shall have validity the same as e-documents, except for other cases provided by the specialized laws.

The Decree took effect on 10 February 2018

By Nguyen Ha/ Ngoc Loan