Requirements for conversion from a printed document to a data message in Vietnam

Requirements for conversion from a printed document to a data message in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Requirements for conversion from a printed document to a data message in Vietnam

According to Clause 1, Article 12 of the Law on Electronic Transactions 2023, requirements for conversion from a printed document to a data message include:

- There exists an assurance as to the integrity of the information contained in the data message in comparison with that in the printed document; and

- Information contained in the data message is accessible and usable for reference;

- There is a special sign special signs of certifying the conversation from the printed document to the data message and information of the agency, organization or individual carrying out the conversion;

- If the printed document is a license, certificate, confirmation or another approval document issued by a competent authority or organization, the conversion requires a fulfillment of the requirements in points a, b and c of Clause 1, Article 12 of the Law on Electronic Transactions 2023 and a digital signature of the agency or organization carrying out the conversion, unless otherwise prescribed by law.

Information system serving the conversion must be able to convert printed documents into data messages.

2. Requirements for conversion from a data message to a printed document in Vietnam

Requirements for conversion from a data message to a printed document include:

- There exists an assurance as to the integrity of the information contained in the printed document in comparison with that in the data message; and

- There is information to determine information system and governing body of the information system that generate, send, receive and store the original data message for searching;

- There is a special sign certifying the conversation from the data message to the printed document and information of the agency, organization or individual carrying out the conversion;

- If the data message is an electronic certificate, the conversion requires a fulfillment of the requirements in points a, b and c of Clause 2, Article 12 of the Law on Electronic Transactions 2023 and a signature and a stamp (if any) of the agency or organization carrying out the conversion in accordance with regulations of law.

Information system serving the conversion must have the feature of conversion from data messages to printed documents.

(Clause 2, Article 12 of the Law on Electronic Transactions 2023)

3. How to store data messages in Vietnam?

Storage of data messages is specified in Article 13 of the Law on Electronic Transactions 2023 as follows:

(i) Where any law requires a document, record, dossier or information to be stored, the document, record, dossier or information may be stored in the form of a data message if the following requirements are satisfied:

- Information contained in the data message is accessible and usable for reference;

- Information contained in the data message is stored in the very format in which it is generated, sent or received, or in a format which can be demonstrated to represent accurately its contents;

- The data message is stored in a given manner to enable the identification of its origin, originator, addressee, date and time when it was sent or received.

(ii) Unless otherwise prescribed by law, agencies, organizations or individuals may select to store their documents, records, dossiers and information in the form of printed documents or in the form of data messages if they meet the requirements in (i)

(iii) Contents and time limits for storage of data messages shall comply with regulations of law on storage and other regulations of relevant laws. The storage of data messages is as valid as the storage of printed documents.

Nguyen Ngoc Que Anh

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