Newest guidance on changing from paper documents to the data messages in Vietnam

Newest guidance on changing from paper documents to the data messages in Vietnam (Image from Internet)

On October 23, 2024, the Government of Vietnam issued Decree 137/2024/ND-CP stipulating electronic transactions of state agencies and information systems serving electronic transactions in Vietnam.

1. Newest guidance on changing from paper documents to the data messages in Vietnam

According to the provisions of Article 4 of Decree 137/2024/ND-CP, data messages converted from paper documents in Vietnam must meet the requirements stipulated in Clause 1, Article 12 of the Law on Electronic Transactions 2023:

- Requirements for special symbols and other information in Point c, Clause 1, Article 12 of the Law on Electronic Transactions 2023 are specifically stipulated as follows:

+ Information on the data message converted from the paper document includes a specific symbol in letters indicating the data message has been converted from a paper document and the time of conversion; information including the full name of the agency, organization, or individual performing the conversion.

On the data message converted from the paper document, agencies, organizations, and individuals can choose to additionally display a quick response (QR) code or other encoding forms containing this information to facilitate information retrieval and usage via electronic means.

The content of the specific symbol indicating the data message has been converted from a paper document is regulated by the relevant law.

+ In the case of conversion serving notarization, certification, copies, duplicates, excerpts, information on the data message must comply with the law on notarization, certification, and clerical work;

+ In the case of conversion of documents resulting from administrative procedures, the specific symbol confirming conversion from paper to electronic format as stipulated in Point c, Clause 3, Article 25 of Decree 45/2020/ND-CP is performed according to the provisions at Point a, Clause 1, Article 4 of Decree 137/2024/ND-CP.

- Requirements for the information system facilitating the conversion from paper documents to data messages must ensure the following features:

+ Convert the entire content from paper documents to data messages;

+ Create special symbols and other information on the data message as stipulated in Clause 1, Article 4 of Decree 137/2024/ND-CP;

+ Store data messages;

+ Ensure network information security and cybersecurity according to the law;

+ In the case of converting data messages from paper documents as stipulated in Point d, Clause 1, Article 12 of the Law on Electronic Transactions 2023, the information system facilitating the conversion must have a digital signing feature.

2. Guide on classifying Information Systems Serving Electronic Transactions by Function and Feature in Vietnam

The classification of information systems serving electronic transactions by function and feature is implemented according to the provisions in Article 16 of Decree 137/2024/ND-CP as follows:

- Information systems serving electronic transactions have the main functions and features allowing: issuance and authentication of electronic transaction accounts; conclusion of electronic contracts or performance of unilateral legal acts that give rise to, change, or terminate the rights and obligations of related parties via electronic means, classified as:

+ Resolution of administrative procedures in an electronic environment;

+ Electronic transactions in commercial activities;

+ Electronic transactions in financial activities;

+ Electronic transactions in banking activities;

+ Electronic transactions in other activities.

- Ministers, Heads of ministerial-level agencies, Chairpersons of provincial People's Committees issue within their authority or submit to competent authorities the issuance of regulations on the conclusion and execution of electronic contracts; on information systems serving electronic transactions in sectors within the scope of assigned duties and powers, in accordance with practical conditions.

More details can be found in Decree 137/2024/ND-CP which comes into force in Vietnam from October 23, 2024.

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