Shall an electronic document have legal value the same as an original paper document in Vietnam? What is the duty of the records department in securing and managing seals?
Shall an electronic document have legal value the same as an original paper document in Vietnam?
According to Article 5 Decree 30/2020/ND-CP on records management regulations on the legal value of electronic documents as follows:
"Article 5. Legal value of electronic documents
1. An electronic document signed by an authorized person and digitally signed by the relevant agency or organization in accordance with the law holds the same legal value as the original paper document.
2. The digital signature on the electronic document must fully comply with legal regulations."
Thus, electronic documents still have the same legal value as original paper documents according to regulations.
Do electronic documents have the same legal value as original documents? What is the clerk's duty in seal security? (Image from the internet)
What are the records management principles and requirements in Vietnam?
According to Article 4 and Article 6 Decree 30/2020/ND-CP on records management in administrative agencies as follows:
Regarding principles and requirements of records management:
"Article 4. Principles and requirements for managing records management
1. Principles
records management is uniformly carried out according to the law.
2. Requirements
a) Documents of agencies, organizations must be drafted and issued with proper authority, procedures, format, and presentation techniques according to legal regulations: Normative documents comply with the Law on Promulgation of Legal Documents; specialized documents are regulated by the head of the sector management agency according to this Decree for appropriateness; administrative documents are implemented according to the provisions in Chapter II of this Decree.
b) All outgoing and incoming documents of an agency or organization must be centrally managed at the agency's records department for receipt, registration procedures, except those types of documents registered separately according to regulations.
c) Documents of each day must be registered, issued, or transferred within the day, the latest by the next working day. Incoming documents with urgent levels: “Express”, “Priority”, and “Urgent” (collectively called urgent documents) must be registered, presented, and transferred immediately upon receipt.
d) Documents must be monitored, updating the sending, receiving, and processing status.
đ) Individuals assigned to resolve, monitor the work of the agency, organization are responsible for filing and submitting records and materials to the agency archive.
e) Seals and secret key storage devices of agencies and organizations must be managed and used according to the law.
g) The system must meet the regulations in appendix VI of this Decree and other relevant legal provisions."
Regarding the responsibilities of agencies, organizations, and individuals for records management in administrative agencies:
"Article 6. Responsibilities of agencies, organizations, and individuals for records management
1. The head of the agency or organization, within their authority, is responsible for directing the consistent implementation of records management; directing research and application of science and technology to records management.
2. Individuals in the process of following up, handling tasks related to records management must comply with this Decree and other related legal regulations.
3. The records department of the agency has the task of
a) Registering, carrying out procedures for issuing, dispatching, and tracking the dispatch of outgoing documents.
b) Receiving, registering incoming documents; presenting and transferring incoming documents.
c) Arranging, preserving, and serving the lookup and use of document archives.
d) Managing the document registration book.
đ) Managing and using the agency’s seal, secret key storage devices, and other types of seals according to regulations."
What is the duty of the records department in securing and managing seals in Vietnam?
According to Article 32 and Article 33 Decree 30/2020/ND-CP regulating records management in administrative agencies as follows:
"Article 32. Management of seals and secret key storage devices
1. The head of the agency or organization is responsible for assigning the records department to manage and use the seal and secret key storage devices of the agency or organization according to regulations.
2. The records department of the agency has the responsibility of
a) Safely preserving and using seals and secret key storage devices of the agency or organization at the office's headquarters.
b) Only handing over the seal and secret key storage devices of the agency or organization to another person when permitted in writing by an authorized person. The handover of the seal and secret key storage devices must be documented in writing.
c) Directly stamping or digitally signing documents issued by the agency or organization and copies of documents.
d) Only stamping or digitally signing documents that have been signed by an authorized person and copies of documents directly implemented by the agency or organization.
3. Individuals are responsible for the safe preservation of secret key storage devices and secret keys."
"Article 33. Use of seals and secret key storage devices
1. Use of seals
a) The stamp must be clear, upright, and use the correct red ink as prescribed.
b) When stamping over a signature, the stamp should cover about one-third of the signature to the left.
c) For documents issued with the main document or appendices: The stamp is placed on the first page, covering part of the agency’s name or the appendix title.
d) The stamping of an impression, overlapping stamping, and embossed stamping on paper documents are regulated by the head of the agency or organization.
đ) Overlapping stamps are placed in the middle right margin of the document or appendix, covering part of the document sheets; each stamp covers a maximum of 05 document sheets.
2. Use of secret key storage devices
Secret key storage devices of agencies or organizations are used to digitally sign electronic documents issued by the agency or organization and copies from paper documents to electronic documents."
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