What is implementation of electronic document storage of Courts and units in the People's Court in Vietnam?

What is implementation of electronic document storage of Courts and units in the People's Court in Vietnam?

Pursuant to Article 15 of the Regulation on receipt, processing, issuance and management of electronic documents between courts and units in the People's Court promulgated together with Decision 296/QD-TANDTC in 2022 (effective from November 1, 2022) regulations on electronic document storage are as follows:

1. Original electronic documents must be saved in the document management and administration system.

2. Agencies and units have a document management and administration system that meets the requirements of Appendix VI of Decree No. 30/2020/ND-CP dated March 5, 2020 of the Government on clerical work and related legal regulations, use and save original electronic documents on the executive document management system instead of paper documents.

3. If the agency or unit has a document management and administration system that is unable to satisfy the requirements for electronic document transfer, the agency's official letter shall create the original paper document according to the provisions of Clause 3, Article 14 of this Regulation to be kept in agency archives and work records.

What are regulations on form of stamps and digital signatures of competent persons, courts, and units issuing electronic documents in Vietnam?

According to Article 16 of the Regulation on receipt, processing, issuance and management of electronic documents between courts and units in the People's Court promulgated together with Decision 296/QD-TANDTC in 2022 (effective from November 1, 2022) stipulates form of stamps and digital signatures of competent persons, courts, and units issuing electronic documents as follows:

1. Digital signature of authorized person

The image and position of the authorized person's digital signature is the image of the authorized person's signature on a paper document, blue, in Portable Network Graphics (.png) format transparent background;

Position: Place alignment between the signer's position and the signer's full name.

2. Seal and digital signature of the Court and the unit issuing the electronic document

a) Image and position of digital signature of the Court or unit is the image of the seal of the Court or unit issuing the document on the document, red color, size equal to the actual size of the seal, format (.png) transparent background, covering about 1/3 of the image of the authorized person's digital signature on the left;

b) The digital signature of the Court or unit on the document attached to the main document is shown as follows: The attached document is the same file as the electronic document content, the agency's Secretariat only digitally signs the document. copy and do not digitally sign the accompanying document; The document is not in the same file as the content of the electronic document, the agency's office records the digital signature of the agency or unit on the attached document.

- Location: Upper right corner, first page of accompanying document.

- Image of digital signature of agency or unit: Not displayed.

- Information: Numbers and text symbols; Signing time (date, month, year; hour, minute, second; Vietnam time zone according to ISO 8601 standard) is presented in Times New Roman font, lowercase letters, vertical font, font size 10, black;

c) Stamps and digital signatures of the Court and units are presented in box No. 8, Appendix I, Decree No. 30/2020/ND-CP dated March 5, 2020 of the Government on clerical work.

What is management and use of devices that store private keys and digital certificates of the Court in Vietnam? 

In Article 17 Regulation on receipt, processing, issuance and management of electronic documents between courts and units in the People's Court promulgated together with Decision 296/QD-TANDTC in 2022 (effective from November 1, 2022) regulates management and use of devices that store private keys and digital certificates of the Court is as follows:

1. The management and use of devices to store secret keys and digital certificates of Courts and units in clerical work is carried out in accordance with the provisions of Circular No. 41/2017/TT-BTTTT dated December 19 /2017 of the Ministry of Information and Communications regulates the use of digital signatures for documents in state agencies.

2. Chief of Office of the Central Military Court; Chief of Office of the High People's Courts; The Chief Justice of the People's Court at the provincial and district levels is responsible for assigning the secretarial agency to manage and use the secret key storage device of the agency or unit according to regulations.

3. The device to store the secret key and digital certificate of the agency or unit must be delivered in writing to the management agency's secretariat and used directly.

4. Responsible agency records:

a) Manage and use equipment to store secret keys and digital certificates of agencies and units according to regulations. Do not hand over devices to store secret keys and digital certificates of agencies or units to others without written permission from a competent person;

b) Must directly sign the agency's number on the document issued by the agency or unit;

c) The agency or unit's digital signature is only allowed on documents issued by the agency or unit after there is a digital signature of the competent person and the document is directly digitized by the agency or unit.

5. Individuals are responsible for self-preservation of devices storing secret keys and secret keys.

6. Individuals are responsible for self-preserving their accounts and passwords to log into the software and are responsible for acts of revealing accounts and passwords that cause unsafety and security to the software system.

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