Electronic transactions in financial operations: Must have digital signatures

On February 23, the Government issued Decree 27/2007 / ND-CP on electronic transactions in financial activities. Accordingly, financial agencies and organizations and individuals participating in electronic transactions in financial activities with financial agencies must use digital signatures.

Electronic transactions in financial activities between organizations and individuals and financial agencies must use digital signatures and digital certificates provided by the public certification authority.

According to the above Decree, electronic vouchers can only be canceled when there is agreement and confirmation of the parties involved in the transaction, unless otherwise provided by specialized laws; the destruction of e-documents is valid on time as agreed by the parties.

Canceled electronic vouchers must be archived for the search of competent state agencies. Electronic vouchers have expired storage according to regulations, if no other decisions of competent state agencies, they are allowed to destroy. The destruction of electronic vouchers must not affect the integrity of electronic documents which have not been destroyed and must ensure the normal operation of the information system.

Electronic vouchers sealed, temporarily seized and confiscated must comply with law provisions. After competent state agencies decide and implement electronic sealing, temporary seizure and confiscation measures, organizations and individuals are not allowed to exploit, use and modify electronic vouchers. This is in your information system for trading or other uses.

Participating in electronic transactions in financial activities must have digital signatures - Photo: Labor

E-documents are sent, received and processed between individuals and automatic information systems or between automated information systems without being denied legal validity. Organizations and individuals take full responsibility in using automatic information systems in their financial activities. When necessary, electronic vouchers can be converted into paper vouchers and vice versa but must meet the prescribed conditions. The Minister of Finance regulates the legal value of electronic documents converted to paper vouchers and vice versa for each type of financial activity.

The Decree clearly states that competent state agencies are responsible for inspecting, inspecting and promptly detecting and handling violations of electronic transaction violations in financial activities according to the provisions of law. The State encourages parties to e-transaction disputes in financial activities to settle through conciliation. In cases where the parties cannot reconcile, the competence, order and procedures for settling electronic transaction disputes in financial activities shall comply with relevant provisions of law.

Organizations participating in electronic transactions in financial activities that commit acts of law violation shall, depending on the nature and seriousness of their violations, be administratively sanctioned according to law provisions or suspended from operation. electronic transactions; Violating individuals shall be disciplined, administratively sanctioned or examined for penal liability. Organizations and individuals that cause damage to other organizations and individuals when participating in electronic transactions in financial activities must compensate according to the provisions of law.

Previously, the Government issued Decree 26/2007 / ND-CP (February 15, 2007) detailing the implementation of the Law on Electronic Transactions on digital signatures and digital signature authentication services. Accordingly, in cases where the law stipulates that a document needs a signature, the requirement for a data message is considered to be met if the data message is signed by a digital signature.

In cases where the law stipulates that the document needs to be stamped by the agency or organization, that request for a data message is considered to be responsive if the data message is signed by the digital signature of the person The authority in accordance with the law on management and use of seals and digital signatures is ensured according to regulations.

Recognized digital signatures and digital certificates according to the provisions of this Decree are legally valid and valid as digital signatures and certificates issued by Vietnamese public certification authorities. Male level.