09:09 | 15/12/2023

Vietnam: In case the retention period of electronic social insurance documentation expires, when will the retention of such documentation be continued?

Vietnam: In case the retention period of electronic social insurance documentation expires, when will the retention of such documentation be continued? T.T - Hai Duong

Vietnam: In case the retention period of electronic social insurance documentation expires, when will the retention of such documentation be continued?

Pursuant to the provisions of Article 11 of Decree 166/2016/ND-CP regulating the retention of electronic social insurance documentation as follows:

Retention of electronic social insurance documentation
The retention period of electronic social insurance documentation shall conform to regulations of the law on archives. In case the retention period of electronic social insurance documentation expires as regulated by laws but such electronic social insurance documentation concerns the information integrity of the information system and retained electronic social insurance documentation, the retention of such electronic social insurance documentation shall be continued until the destruction of such electronic social insurance documentation causes no impact on other electronic transactions.

Thus, based on the above regulations, in case the retention period of electronic social insurance documentation expires as regulated by laws but such electronic social insurance documentation concerns the information integrity of the information system and retained electronic social insurance documentation, the retention of such electronic social insurance documentation shall be continued.

The retention shall be continued until the destruction of such electronic social insurance documentation causes no impact on other electronic transactions.

Vietnam: In case the retention period of electronic social insurance documentation expires, when will the retention of such documentation be continued?

What are the regulations on the retention of electronic social insurance documentation in Vietnam?

Pursuant to Article 11 of Decree 166/2016/ND-CP regulating the retention of electronic social insurance documentation as follows:

Retention of electronic social insurance documentation
The retention period of electronic social insurance documentation shall conform to regulations of the law on archives. In case the retention period of electronic social insurance documentation expires as regulated by laws but such electronic social insurance documentation concerns the information integrity of the information system and retained electronic social insurance documentation, the retention of such electronic social insurance documentation shall be continued until the destruction of such electronic social insurance documentation causes no impact on other electronic transactions.

Furthermore, according to Article 5 of the accompanying Process Regulation under Decision 838/QD-BHXH 2017, the system for managing information includes the following provisions regarding the retention of electronic social insurance documentation:

System for managing information
...
3. Retention of electronic social insurance documentation
The system for managing information automatically ensures the full and intact retention of electronic social insurance documentation in the electronic social insurance database of Vietnam Social Insurance. There are technical solutions in place to perform backup and restore data in case of system failures.

Therefore, based on the above provisions, the retention period for electronic social insurance documents is carried out in accordance with the legal regulations on retention. The system for managing information automatically ensures the full and intact retention of electronic social insurance documentation in the electronic social insurance database of Vietnam Social Insurance.

At the same time, there are technical solutions in place to perform backup and restore data in case of system failures.

What are the requirements for electronic social insurance documentation in Vietnam?

Pursuant to the provisions of Clause 2, Article 9 of Decree 166/2016/ND-CP regulating requirements for electronic social insurance documentation as follows:

Requirements for electronic social insurance documentation
1. Electronic social insurance documentation prescribed in Article 8 of this Decree requires digital signatures of persons who have the competence to sign such electronic social insurance documents in accordance with regulations of laws.
In case the electronic social insurance documentation only has signatures of authorized persons, the information system must have ability to identify and authenticate the processing of responsible persons as regulated by laws during the transfer of electronic social insurance documentation to the last signee.
2. In case the electronic social insurance documentation is enclosed with paper components, the authority, organization or individual that conducts electronic transactions in social insurance must convert such paper documents to electronic copies in accordance with regulations of the Law on electronic transactions. The conversion from paper documents into electronic copies must satisfy the following requirements:
a) Reflect the integrity of paper document contents;
b) Have signature and full name of the person who has carried out the conversion from paper documents into electronic copies;
c) Have particular signs confirming the conversion from paper documents into electronic copies.
...

Thus, based on the above regulations, the conversion from paper documents into electronic copies must satisfy the following requirements:

- Reflect the integrity of paper document contents;

- Have signature and full name of the person who has carried out the conversion from paper documents into electronic copies;

- Have particular signs confirming the conversion from paper documents into electronic copies.

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