Decree No. 35/2007/ND-CP dated March 8, 2007 of the Government on banking e-transactions
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, March 08, 2007
ON BANKING E-TRANSACTIONS
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;
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At the proposal of the Governor of the State Bank of Vietnam,
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.
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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.
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;
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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.
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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.
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;
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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.
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