Chương 3 Nghị định 27/2007/NĐ-CP: Giao dịch điện tử trong hoạt động tài chính

Chapter III

E-TRANSACTIONS IN FINANCIAL ACTIVITIES

Article 11.- E-transactions in financial activities

1. E-transactions in professional operations related to state budget, tax, customs, treasury, securities, accounting and auditing.

2. E-transactions in other financial activities in accordance with the law on financial management.

Article 12.- Responsibilities and powers of organizations and individuals

1. To abide by the provisions of Points a, b, c and d, Clause 1, Article 48 of the Law on E-Transactions.

2. To select modes and means for carrying out e-transactions in financial activities according to the Law on E-Transactions, this Decree and relevant provisions of law.

3. To declare all relevant data to competent state agencies and ensure the conditions prescribed in Clause 2, Article 9 of this Decree, for organizations and individuals having their e-vouchers sealed, seized or confiscated.

4. To be subject to competent state agencies' management, inspection and examination.

5. To make regular and irregular reports on e-transactions in financial activities in accordance with law.

Article 13.- Responsibilities and powers of organizations providing added value services

1. To provide transmission services and improve the display formats of e-vouchers in service of information exchange between parties to transactions.

2. To send, receive and supply e-vouchers promptly and integrally as agreed upon with parties to transactions.

3. To store the results of each time of transmission and receipt and e-vouchers pending the completion of transactions.

4. To ensure infrastructure for connection; work out control measures to ensure security, safety, confidentiality, information integrity and provide other utilities to parties participating in the exchange of e-vouchers.

5. To fully supply information and data to competent agencies when so requested in accordance with law.

6. To abide by current provisions of law on telecommunications, Internet and technical and professional regulations promulgated by the Finance Ministry.

7. To collect charges for maintenance of their operation.

8. To refuse to provide added value services regarding e-transactions in financial activities to financial agencies, organizations or individuals that are ineligible for entering into transactions or breach contracts.

Article 14.- Use of digital signatures

1. Financial agencies, organizations and individuals that enter into e-transactions in financial activities with financial agencies shall use digital signatures.

2. E-transactions in financial activities between organizations or individuals and financial agencies require digital signatures and digital certificates supplied by public certification authorities.

3. The Minister of Finance shall issue a list of e-transactions in financial activities in which the use of digital signatures is compulsory.

Article 15.- Contents of state management

1. Formulating and promulgating strategies, planning, plans and policies on development of e-transactions in financial activities.

2. Guiding the enforcement of law on e-transactions in financial activities.

3. Issuing technical regulations on e-transactions in financial activities, which must be consistent and conformable with national technical regulations on e-transactions.

4. Organizing and managing international cooperation activities in e-transactions in financial activities.

5. Supervising and inspecting the observance of law on e-transactions in financial activities; settling complaints and denunciations and handling according to competence administrative violations in e-transactions in financial activities.

Article 16.- Responsibilities of ministries, branches and localities

1. The Ministry of Finance has the following responsibilities and powers:

a/ To perform the state management of e-transactions in financial activities under its management;

b/ To base itself on practical conditions to set an appropriate roadmap for the use of e-transactions in financial activities of financial agencies, organizations and individuals;

c/ To organize training, guide and support the application of e-transactions in financial activities;

d/ To study, formulate and promulgate technical and professional regulations on e-transactions in financial activities;

e/ To apply necessary confidentiality and contingency measures for electronic information and data systems under its management;

f/ To provide services in support of the performance of e-transactions in financial activities for financial agencies, organizations and individuals entering into e-transactions with financial agencies;

g/ To decide on the accreditation of organizations providing added value services on e-transactions in financial activities which participate in the provision of added value services to organizations and individuals entering into transactions with financial agencies;

h/ To provide for the establishment, organization, operation and management of specialized certification authorities in service of e-transactions in financial activities in compliance with the provisions of law on digital signatures and certification of digital signatures;

2. Ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People's Committees shall perform the state management of e-transactions in financial activities in accordance with law.