Does an electronic document have legal value the same as an original paper document in Vietnam? How to draft documents in clerical work?
What is the legal value of electronic documents in Vietnam?
According to the provisions of Article 5 of Decree 30/2020/ND-CP on the legal value of electronic documents as follows:
Legal value of electronic documents
1. An electronic document carrying the legally required digital signature affixed by a competent person or an entity shall have legal value the same as an original paper document.
2. The digital signature added to an electronic document must fully meet regulations of laws.
Accordingly, an electronic document carrying the legally required digital signature affixed by a competent person or an entity shall have legal value the same as an original paper document.
Does an electronic document have legal value the same as an original paper document in Vietnam? How to draft documents in clerical work?
Vietnam: How to draft documents in clerical work?
Pursuant to Article 10 of Decree 30/2020/ND-CP regulating document drafting as follows:
Drafting
1. Based on the functions, tasks, powers and purposes, content of the document to be drafted, the head of an entity or the competent person may assign a division or individual to undertake the drafting of the document.
2. The division or the individual assigned to undertake the drafting of a document must take the following steps: Determine the type of document, content of document, level of classification or urgency of the document to be drafted; collect and process relevant information; draft the document using the right formatting form, structure and techniques.
In addition to the aforesaid, for electronic documents, individuals assigned to draft documents must send draft documents and attached records (if any) to the System and input required updated information.
3. In case of needing to revise a draft document, the competent person may comment on it or on the System, send it back to the head of the division in charge of drafting the document to have it forwarded to the individual tasked with drafting documents.
4. The individual assigned to draft documents shall be accountable to the head of that division and before laws for the document that he/she is in charge of drafting within his/her scope of delegated powers or assigned duties.
Accordingly, based on the functions, tasks, powers and purposes, content of the document to be drafted, the head of an entity or the competent person may assign a division or individual to undertake the drafting of the document..
The division or the individual assigned to undertake the drafting of a document must take the following steps: Determine the type of document, content of document, level of classification or urgency of the document to be drafted; collect and process relevant information; draft the document using the right formatting form, structure and techniques.
In addition to the aforesaid, for electronic documents, individuals assigned to draft documents must send draft documents and attached records (if any) to the System and input required updated information.
Vietnam: What are the procedures for withdrawing electronic documents in clerical work?
According to Article 18 of Decree 30/2020/ND-CP regulating the issuance and monitoring of document delivery as follows:
Issuing and monitoring the delivery of outgoing documents
1. Outgoing documents need to completely go through all required procedures of the records department and must be issued within the following working day at the latest. Urgent documents must be issued and delivered immediately after signing.
2. When issuing outgoing classified documents, regulations on their confidentiality, the number of copies issued, the time and place of receipt as set out in laws on protection of state secrets must be observed.
3. Any document that has already been issued, but contains any error, must be revised or replaced by the one existing in the equivalent form. Documents that have already been issued, but contain errors arising from their formatting structure or technique or issuance procedures, must be rectified by official letters sent by issuing entities.
4. Withdrawing documents
a) Upon receipt of notices of withdrawal of paper documents, recipients must return received documents.
b) Upon receipt of notices of withdrawal of electronic documents, recipients must abort these documents on the System and notify recipients of such abortion.
5. Issuing paper documents derived from documents bearing competent persons’ digital signatures: The records department prints out the document digitally signed by the competent person, marks the printed document with the entity's seal to make it become the primary document before issuing it.
6. Where the records department needs to issue electronic documents derived from paper documents, regulations laid down in point c of clause 1 of Article 25 hereof must be observed.
Thus, upon receipt of notices of withdrawal of electronic documents, recipients must abort these documents on the System and notify recipients of such abortion..
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