Decree No. 27/2007/ND-CP dated February 23, 2007 of the Government on e-transactions in financial activities
THE PRIME MINISTER OF GOVERNMENT
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, February 23, 2007
ON E-TRANSACTIONS IN FINANCIAL ACTIVITIES
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on E-Transactions;
At the proposal of the Minister of Finance,
Article 1.- Governing scope
This Decree provides for e-transactions in financial activities.
Article 2.- Subjects of application
This Decree applies to agencies, organizations and individuals opting for e-transactions in financial activities.
Article 3.- Interpretation of terms
In this Decree, the terms below are construed as follows:
1. "E-voucher" means information created, transmitted, received and stored by electronic means in financial activities. E-vouchers constitute a form of data message, including electronic accounting vouchers; e-vouchers on budget revenues and expenditures; information on electronic declaration and clearance of customs procedures; information on electronic declaration and clearance of tax procedures; e-vouchers on securities transactions; electronic financial statements; electronic settlement reports and other kinds of e-vouchers in conformity with each type of transactions prescribed by law.
2. "Financial agency" means an agency performing the state management of finance.
3. Cancellation of e-vouchers means making these vouchers unusable.
4. Deletion of e-vouchers means making these e-vouchers inaccessible and unusable for reference.
5. Organizations providing added value services related to e-transactions in financial activities are enterprises which provide, under certain business conditions, services to increase the utility of e-vouchers of users by either perfecting their formats or information or providing the capacity of storing or retrieving such information.
Article 4.- Principles of e-transactions in financial activities
1. Parties entering into e-transactions in financial activities shall strictly observe the principles defined in Article 5 of the Law on E-Transactions and relevant provisions of law on financial management. For e-transactions in professional operations within financial agencies and between organizations or individuals and financial agencies, involved parties shall abide by Article 40 of the Law on E-Transactions.
2. Organizations and individuals, when entering into e-transactions in financial activities falling under the state management of the Finance Ministry, shall abide by professional technical regulations promulgated by the Finance Ministry.
Article 5.- Legal validity of e-vouchers
1. The display format, sending, receipt, storage and legal validity of e-vouchers shall comply with the Law on E-Transactions.
2. E-vouchers in financial activities must satisfy all state management requirements and be conformable with the provisions of law on various financial domains.
3. An e-voucher must bear e-signatures of all persons responsible for signing it.
4. Where an e-voucher bears only the signature of a competent person, the information system must be capable of recognizing and certifying that this e-voucher has been processed by responsible persons in the course of forwarding it to the signer.
Article 6.- Encoding of e-vouchers
Organizations and individuals may select forms and means for encoding e-vouchers. The encoding of e-vouchers is carried out in accordance with law.
Article 7.- Conversion of e-vouchers into paper vouchers and vice versa
1. When necessary, an e-voucher may be converted into a paper voucher if all the following conditions are met:
a/ The paper voucher reflects all contents of the e-voucher;
b/ There is a specific sign certifying that the conversion of the e-voucher into a paper voucher has been made;
c/ There are the signature and full name of the person effecting the conversion of the e-voucher into a paper voucher.
2. When necessary, a paper voucher may be converted into an e-voucher if all the following conditions are met:
a/ The e-voucher reflects all contents of the paper voucher;
b/ There is a specific sign certifying that the conversion of the paper voucher to an e-voucher has been made;
c/ There are the signature and full name of the person effecting the conversion of the paper voucher to an e-voucher.
3. The Minister of Finance shall provide for the legal validity of e-vouchers converted into paper vouchers and vice versa for each type of financial activity defined in Article 11 of this Decree.
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