Decree No. 137/2024/ND-CP on electronic transactions of state agencies and information systems serving electronic transactions

DECREE

Regulations on electronic transactions of state agencies and information systems serving electronic transactions Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on the Organization of the Government and the Law on the Organization of Local Administration dated November 22, 2019;

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015; The Government issues this Decree regulating electronic transactions of state agencies and information systems serving electronic transactions.

Pursuant to the Law on Electronic Transactions dated June 22, 2023;

At the proposal of the Minister of Information and Communications;

This Decree regulates electronic transactions of state agencies and information systems serving electronic transactions, including the conversion between paper documents and data messages; activities of state agencies in the electronic environment; information systems serving electronic transactions; responsibilities of managers of intermediary digital platforms serving large-scale and very large-scale electronic transactions and criteria for trustworthiness of information systems serving electronic transactions.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree applies to agencies, organizations, and individuals directly participating or related to electronic transactions of state agencies and information systems serving electronic transactions.

Article 2. Applicability

1. Internal management in the electronic environment means that state agencies implement part or all of their internal management activities according to their functions and tasks through electronic means.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

2. Directive and administrative control in the electronic environment means that state agencies implement part or all of their directive and administrative control activities according to their functions and tasks through electronic means.

3. Supervision and inspection in the electronic environment means that competent state agencies implement part or all of their supervision and inspection activities in their respective fields and areas within their assigned duties and powers through electronic means.

4. Document Management and Administrative System is an information system established with the main function of managing and processing documents and work files, supporting directive and administrative control, operational tasks, and monitoring the implementation of tasks in state agencies in the electronic environment.

5. Information System Serving Directive and Administrative Control of State Agencies is an information system established to collect, create, compile, analyze, store, connect, share, and provide information and data to support leadership and management during internal governance and decision-making based on digital data.

CONVERSION BETWEEN PAPER DOCUMENTS AND DATA MESSAGES

PART II

Article 4. Conversion from Paper Documents to Data Messages Data messages converted from paper documents must meet the requirements stipulated in Clause 1, Article 12 of the Law on Electronic Transactions.

1. Requirements regarding unique identifiers and other information at Point c, Clause 1, Article 12 of the Law on Electronic Transactions are specified as follows:

a) Information on data messages converted from paper documents includes: a unique identifier in text form indicating that 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 data messages converted from paper documents, agencies, organizations, or individuals may choose to display additional quick response (QR) codes or other encoding forms containing the above information to facilitate electronic information retrieval and use.

The content of the unique identifier indicating that the data message has been converted from a paper document shall be regulated according to relevant laws.

b) In cases where conversion serves notarization, certification, certified copies, abstracts, and extracts, the information on data messages shall be carried out in accordance with the provisions of the law on notarization, certification, and archival work.

c) In cases where the document being converted is the result of administrative procedures, the unique identifier confirming the conversion from a paper version to an electronic version shall comply with the provisions at Point c, Clause 3, Article 25 of Decree No. 45/2020/NĐ-CP dated April 8, 2020, in accordance with the provisions at Point a of this clause.

2. Requirements for information systems serving conversion from paper documents to data messages must ensure the following features:

a) Complete conversion of content from paper documents to data messages;

b) Creation of unique identifiers and other information on data messages in accordance with the provisions of Clause 1 of this Article;

c) Storage of data messages;

d) Ensuring network security and cybersecurity in accordance with the law;

đ) In cases where data messages are converted from paper documents in accordance with Point d, Clause 1, Article 12 of the Law on Electronic Transactions, the information system serving conversion must have digital signature functionality.

d) Ensuring information security and cyber security in accordance with the provisions of the law;

đ) In the case of converting data messages from paper documents as provided for in point d, Clause 1, Article 12 of the Electronic Transactions Law, the information system serving the conversion must have digital signature functionality.

Article 5. Conversion from data message to paper document

The paper document converted from a data message must meet all requirements stipulated in Clause 2, Article 12 of the Law on Electronic Transactions.

1. Information for identifying the information system and the manager of the information system that creates, sends, receives, and stores the data message for retrieval as specified at point b, Clause 2, Article 12 of the Law on Electronic Transactions is detailed as follows:

a) Minimum information to identify the information system and the manager of the information system that creates, sends, receives, and stores the data message for retrieval includes: name of the information system, name of the manager of the information system;

b) Information to access the data message on the information system that creates and stores the data message may be a full path of the data message on the information system, or a unique code to access the data message through a search interface.

2. Requirements for specific identification marks and other information at point c, Clause 2, Article 12 of the Law on Electronic Transactions are detailed as follows:

a) Minimum information on the paper document converted from a data message includes: a specific identification mark in text indicating that the paper document has been converted from a data message and the time of conversion; information about the full name of the agency, organization, or individual performing the conversion.

On the paper document converted from a data message, agencies, organizations, or individuals may choose to display additional quick response (QR) codes or other encoding methods containing the above information to facilitate electronic retrieval of the data message created on the information system.

The content of the specific identification mark indicating that the paper document has been converted from a data message is regulated according to specialized laws.

b) In cases where the conversion serves notarization, certification, certified copies, abstracts, or extracts, the information on the paper document shall be carried out in accordance with the regulations of the law on notarization, certification, and archival work.

c) In cases where the conversion of electronic administrative procedures files and results to paper documents is carried out in accordance with Article 18 of Decree 45/2020/NĐ-CP dated April 8, 2020 of the Government, the specific identification mark and information on the paper document shall be carried out in accordance with point a of this clause.

3. Requirements for the information system serving the conversion from a data message to a paper document must ensure the following features:

a) Retrieval from the storage system and display of the original data message to be converted in complete form;

b) Creation of specific identification marks and other information on the paper document as prescribed in Clause 2 of this Article;

c) Complete conversion of the content from the original data message to the paper document.

Chapter III

ELECTRONIC ENVIRONMENT ACTIVITIES OF STATE AGENCIES ELECTRONIC ENVIRONMENT

Article 6. Transition of state agency activities to the electronic environment

1. State agencies prioritize implementing the entire process in the electronic environment for activities including: provision of public services; internal management; direction and control; supervision, inspection, and audit according to appropriate timelines and plans.

Activities involving national secrets must comply with the provisions of the law on the protection of national secrets and the law on official communications.

2. Development of plans for the application of information technology and digital transformation to serve the activities of state agencies in the electronic environment

a) Ministries, ministerial-level agencies, agencies under the Government (hereinafter referred to as ministries and sectors), People's Committees of provinces and centrally-administered cities (hereinafter referred to as provincial People's Committees) have the responsibility to develop, approve, and implement five-year and annual plans on the application of information technology and digital transformation; these plans must include objectives, tasks, and solutions to direct the activities of state agencies towards full implementation in the electronic environment, at minimum including areas of activity such as: provision of public services; internal management; direction and control; supervision, inspection, and audit;

b) The Ministry of Information and Communications has the responsibility to guide ministries, sectors, and provincial People's Committees in developing five-year and annual plans on the application of information technology and digital transformation.

3. Basic requirements for information systems and digital platforms serving the activities of state agencies in the electronic environment:

a) Ensuring compliance with the Vietnam E-Government Architecture Framework and the Ministry and Provincial E-Government Architecture Framework;

b) Ensuring integration, interoperability, sharing, usage, and reuse of information and data;

c) Ensuring authenticity, reliability, integrity, and continuous, stable accessibility and usability;

d) Allowing verification of information and data for reporting purposes, business process interconnection, and meeting other requirements of agencies, organizations, or individuals when requested;

đ) Ensuring development, upgrade, and expansion capabilities according to practical needs;

e) Ensuring requirements according to laws on cybersecurity and cyber security;

g) Ensuring other requirements as prescribed by relevant laws.

4. The deployment of information systems and digital platforms serving the activities of state agencies in the electronic environment must be closely linked to administrative reform efforts aimed at innovating working methods, directing and controlling based on data, enhancing the processing of documents and work files in the electronic environment, improving the efficiency of state agency operations; reducing costs and processing times.

Article 7. Receiving and Processing Requests from Organizations and Individuals in an Electronic Environment

1. Responsibilities of State Agencies in Receiving and Processing Requests from Organizations and Individuals in an Electronic Environment:

a) Receiving and processing requests from organizations and individuals in an electronic environment, except where otherwise provided by law. In cases of refusal to receive or process such requests, the reasons must be clearly stated for the organizations and individuals concerned to know;

b) Establishing communication channels in an electronic environment and issuing operational regulations for receiving and processing requests from organizations and individuals, except where otherwise provided by law;

c) Must notify the results of handling requests from organizations and individuals in an electronic environment through electronic means and communication channels, except where otherwise provided by law or at the request of the organizations and individuals concerned.

2. Communication Channels of State Agencies in an Electronic Environment Include the Following:

a) Information provision channels and online public service delivery channels as prescribed by the Government on the provision of information and online public services by state agencies in an electronic environment;

b) National Public Service Portal;

c) Other communication channels as prescribed by relevant laws.

3. Online Public Service Delivery Channels and the National Public Service Portal Must Ensure Connectivity and Integration to Use Services with Digital Identity Accounts Established by the Electronic Identification and Authentication System.

The use of login accounts on communication channels of state agencies in an electronic environment shall be carried out in accordance with relevant laws.

Article 8. Providing Online Public Services and Administrative Procedures in an Electronic Environment

1. Administrative procedures and administrative public services prescribed or not prescribed to be implemented using electronic means shall be applied according to the Government's regulations on implementing administrative procedures in an electronic environment and the Government's regulations on providing information and online public services of state agencies in a networked environment, except where other laws provide that they cannot be implemented using electronic means.

2. Administrative public services are provided entirely online based on monitoring and restructuring processes to meet quality requirements as prescribed by the Government on implementing administrative procedures in an electronic environment, implementing a single window mechanism, and interlinked single windows in resolving administrative procedures and providing online public information and services in a networked environment.

3. State agencies have the responsibility to resolve administrative procedures and provide full online public services when they have the conditions to complete the entire process from start to finish using electronic means. In cases where full implementation has not been achieved in an electronic environment, state agencies must inform organizations and individuals accordingly.

4. Files and results of administrative procedure resolutions shall be digitized in accordance with the Government's regulations on implementing administrative procedures in an electronic environment, implementing a single window mechanism, and interlinked single windows in resolving administrative procedures.

Results of administrative procedure resolutions for organizations and individuals shall be delivered in accordance with relevant laws, while also delivering electronic resolution results at the organization's or individual's electronic data management system, at the national identification application as required by the organization or individual. In cases where organizations or individuals implement administrative procedures through delegation, the storage of electronic results shall be carried out according to the delegation agreement.

In cases where results are delivered in paper form, the competent authority shall convert them into data messages in accordance with Article 4 of this Decree and store them in related information systems and databases under their management; converted results must be shared between state agencies and used as part of the administrative procedure resolution file to facilitate organizations and individuals when performing other public services and administrative procedures.

5. Public Services and Specialized Public Services Shall Be Monitored and Restructured Processes To Provide Online Public Services For Individuals And Organizations On The National Public Service Portal, The Information System For Resolving Ministry-Level Or Provincial-Level Administrative Procedures, And The Electronic Information Portal Of The Service Provider Organization As Prescribed By The Government On Implementing Administrative Procedures In An Electronic Environment, Implementing A Single Window Mechanism, And Interlinked Single Windows In Resolving Administrative Procedures And Providing Online Public Information And Services In A Networked Environment.

6. Ministries, Equivalent Ministries, Government Agencies, And Provincial People's Committees Shall Monitor, Issue, And Organize Implementation Plans For Providing Online Public Services And Specialized Public Services Within Their Management Scope.

7. The Ministry of Information and Communications Is Responsible For Maintaining, Operating, Upgrading, And Ensuring Information Security For The Monitoring And Measurement System Of The Level Of Provision And Use Of Digital Government Services To Monitor And Measure The Provision Of Online Public Services; Inspecting And Evaluating The Deployment Of Interactive Forms Of Online Public Services And The Connection And Sharing Of Data Between State Agencies Providing Online Public Services.

8. The Office Of The Government Shall Guide The Monitoring And Restructuring Of Administrative Procedure Processes Toward Providing Full Online Public Services; Evaluate The Quality Of Service To Individuals And Organizations In Implementing Administrative Procedures And Providing Public Services By Ministries, Sectors, And Provincial People's Committees; Maintain, Operate, Upgrade, And Ensure Information Security For The System Of Serving Citizens And Enterprises' Index Evaluation Of The National Public Service Portal.

Article 9. Internal management on electronic environment

1. Internal management activities on the electronic environment include the following main activities:

a) Handling internal administrative procedures on the electronic environment in areas such as planning; strategy; human resources; finance-accounting; archives; assets; commendation and reward; administrative and synthesis, and other areas as prescribed by law or by the decision of the head of the agency;

b) Implementing information reporting systems on the electronic environment;

c) Processing documents and work files on the electronic environment;

d) Organizing remote work and meetings on the electronic environment.

2. Handling internal administrative procedures on the electronic environment

State agencies are responsible for reviewing and restructuring internal administrative procedure processes in the areas specified in point a, Clause 1, Article 9 of this Law, ensuring that the basic components of administrative procedures are fully, clearly, specifically, and reasonably defined according to the provisions of Clause 2, Article 8 of Decree No. 63/2010/ND-CP dated June 8, 2010 of the Government on administrative procedure control, which has been amended and supplemented by Decree No. 92/2017/ND-CP dated August 7, 2017 of the Government amending and supplementing certain articles of related decrees on administrative procedure control, and meeting quality requirements as prescribed by the Government regarding the implementation of full-cycle administrative procedures on the electronic environment.

Internal administrative procedure files and results must be digitized in accordance with the Government's regulations on implementing administrative procedures on the electronic environment. In cases where the results of internal administrative procedures serving management are paper documents, state agencies shall convert them into data messages in accordance with Article 4 of this Decree and store them in relevant information systems and databases under their management authority; the converted results must be shared among units within the state agency, shared with related state agencies, and used to handle other internal administrative procedures serving internal management within the agency or unit.

3. Implementing information reporting systems on the electronic environment

State agencies are responsible for reviewing and standardizing reporting systems, building and developing information reporting systems in accordance with the Government's regulations on the reporting system of state administrative agencies; implementing electronic reporting for internal agency reporting systems; gradually transitioning to automatic reporting based on data and in real-time.

4. Processing documents and work files on the electronic environment

a) State agencies prioritize processing full-cycle documents and work files on the electronic environment, except for those containing state secrets; they do not process simultaneously both electronic documents and work files and paper documents unless required by law;

b) The process of handling documents and work files on the electronic environment is designed to meet the requirements, functions, tasks, and organizational structure of each agency, ensuring the principle of monitoring, inspection, and evaluation; at the same time, all stages in the handling of documents and work files (receiving documents, transferring for processing, creating files, seeking coordination opinions, submitting through levels of approval authority, leadership directives at various levels, signing and issuing documents...) must be carried out on the Document Management and Operation System;

c) Information and data on the situation and results of handling documents and work files of ministries, sectors, and localities assigned by the Government and Prime Minister are synchronized with information systems serving government and Prime Minister direction and operation through the National Document Interconnection Trunk to serve the review, inspection, and evaluation according to authority;

d) Electronic documents resulting from administrative procedures as prescribed by law on implementing administrative procedures on the electronic environment must be synchronized from the Document Management and Operation System to the Administrative Procedure Resolution Information System at the ministry and provincial level;

đ) Sending and receiving electronic documents containing state secrets must comply with legal regulations on cryptographic security and state secret protection.

5. Organizing remote work and meetings on the electronic environment

a) State agencies decide to select information technology application solutions and digital transformation to implement remote work and meetings on the electronic environment suitable to the needs and actual conditions of the state agency;

b) In cases of remote work and meetings, state agencies are responsible for providing officials, civil servants, and employees with necessary and appropriate equipment in accordance with the standards and quotas for working equipment of state agencies;

6. Information systems serving internal management activities of state agencies must meet the basic technical conditions stipulated in Clause 3, Article 6 of this Decree, ensuring interconnectivity, integration, connection, and sharing with other information systems within the state agency towards implementing full-cycle internal management activities on the electronic environment; it may use identity accounts as one of the methods for logging in, exploiting, and using internal information systems of state agencies if needed.

Article 10. Electronic Environment Directive and Management

1. The head of state administrative agencies shall be responsible for implementing directive and management activities on the electronic environment, primarily based on digital information and data; directing units and individuals under their management authority to carry out advisory and work processing activities throughout the electronic environment, except where otherwise provided by law.

2. Responsibilities of state administrative agencies, including ministries, ministerial-level agencies, and provincial People's Committees in organizing the implementation of directive and management activities on the electronic environment:

a) Establishing and promulgating a set of indices serving directive and management activities on the electronic environment in accordance with Clause 3 of this Article, ensuring compatibility with needs, resources, and readiness levels of the information system and database;

b) Implementing the Information System serving directive and management at the ministry and provincial level, ensuring the collection, creation, synthesis, analysis, processing, storage, connection, sharing of information and data with the Information System serving directive and management of the Government and Prime Minister in accordance with regulations and guidance from the Government Office; connecting and sharing information and data with the information systems serving directive and management of other ministries, sectors, and provincial People's Committees when required; being responsible for the completeness, integrity, accuracy, timeliness, and ensuring cybersecurity and network security of the provided information and data within their authority and meeting the requirements stipulated in Clause 6 of this Article;

c) Establishing and sharing a common data catalog for consistent use across information systems and databases to ensure synchronized integration, exchange, sharing, and interconnection of data on the electronic environment for directive and management activities;

d) Establishing and promulgating regulations on exploitation, utilization, connection, integration, sharing, and reception of information and data serving directive and management activities on the electronic environment.

3. Sets of Indices Serving Directive and Management of State Administrative Agencies

a) Indices serving directive and management of the Government and Prime Minister, including: a group of indices serving daily and monthly directive and management on economic and social conditions; a group of indices monitoring the implementation of national target programs and important national projects; a group of indices serving directive and management, and online interaction in emergency situations such as natural disasters, epidemics, disaster response, and search and rescue operations; groups of indices according to urgent requirements of the Government and Prime Minister;

b) Indices serving directive and management of leaders of ministries and sectors, including: a group of indices serving daily and monthly directive and management of ministry and sector leaders; a group of indices monitoring the implementation of national target programs and important national projects; a group of indices serving directive and management, and online interaction in emergency situations such as natural disasters, epidemics, disaster response, and search and rescue operations;

c) Indices serving directive and management of leaders of provincial People's Committees, including: a group of indices serving daily and monthly directive and management on economic and social conditions; a group of indices monitoring the implementation of national target programs and important national projects within the province; a group of indices serving directive and management, and online interaction in emergency situations such as natural disasters, epidemics, disaster response, and search and rescue operations, and specific indices of the locality; a group of indices monitoring the implementation of annual and five-year targets assigned by the Provincial People's Council Resolution; a group of indices monitoring the implementation of tasks assigned monthly, quarterly, and annually by the Government and Prime Minister;

d) The sets of indices serving directive and management specified in points a, b, and c of this clause shall be flexibly adjusted to fit actual circumstances to promptly and comprehensively meet the needs of government management, directive, and management activities on the electronic environment of the Government, Prime Minister, ministry and sector leaders, and localities. Other state administrative agencies shall base their selection and establishment of indices serving directive and management on practical needs, the readiness level of the information system and database, and available resources to bring directive and management activities onto the electronic environment.

4. Principles for Building Indices Serving Directive and Management

a) Compatibility and accurate reflection of indicators and goals of economic and social development strategies, programs, and plans; national target programs, important national projects, and tasks assigned by the Government and Prime Minister, as well as the functions, responsibilities, and authorities of state administrative agencies;

b) Information and data of the indices must be regularly updated to ensure the principle of collection from a single source according to state management functions; maximizing the inheritance and use of information and data from existing information systems and databases; unified connection, sharing, and reuse from central to local levels;

c) Indices serving directive and management must closely integrate with statistical information and other reporting systems to accurately reflect the situation of issues or fields they are used to monitor and evaluate;

d) Each index must be designed to measure and assess the results and effectiveness of work by agencies, organizations, and individuals; it must have a calculation method, measurement unit; clearly define attributes, main classifications, data periods, data sources, and comparability capabilities.

5. Criteria for Selecting and Determining Indices Serving Directive and Management of State Administrative Agencies

Indices serving directive and management selected must meet one of the following criteria:

a) The index plays a decisive role in achieving important and prioritized goals and tasks of the Government and Prime Minister, and of ministries, sectors, and provincial People's Committees;

b) The index has the ability to support trend analysis, evaluation of goal completion levels, and task performance, and propose solutions to overcome difficulties and obstacles to achieve set goals and tasks.

c) An indicator reflecting specific activities or management objectives; quantifiable, measurable, with time limits for measurement; observable, recordable, verifiable, and reflecting the progress of implementing assigned tasks and goals;

d) Indicators provided at short, continuous intervals, daily, weekly, monthly, and consistent with the requirements of management and direction activities; automatically connected and shared between relevant information systems and databases related to the implementation of monitored tasks and goals;

đ) Indicators are components for calculating related statistical indices.

6. The information system serving the management and direction of state agencies must meet the basic requirements stipulated in Clause 3, Article 6 of this Decree; connect and interoperate with the National Document Interconnection Platform, the National Data Integration and Sharing Platform, the Task Management System assigned by the Government and Prime Minister, and other data sharing platforms as prescribed by law; share data with national databases, specialized databases, and other information systems (including internal systems) serving leadership, management, and decision-making support; have all necessary functions: data collection, updating, storage, processing, analysis; monitoring, supervising, evaluating the implementation process of tasks and goals; supporting online management interaction to the field when required; controlling the quality of information and data; basic functions of the Information Reporting System as prescribed, and other functions according to the requirements of management and direction activities.

Encouragement is given to research and gradually apply advanced technological solutions to improve the quality of analysis, decision-making, and forecasting in the management and direction activities of the Government and Prime Minister.

Article 11. Responsibility for ensuring digital information and data serving the leadership, management, and direction work of the Government and Prime Minister

1. Responsibilities of the Government Office

a) Establishing a set of indicators serving the management and direction of the Government and Prime Minister on an electronic environment according to the groups of indicators specified in Point a, Clause 3, Clause 4, Clause 5 of Article 10 of this Decree;

b) Taking the lead, coordinating, urging, guiding professionally according to assigned functions and tasks; developing requirements and features to develop the Government's Information Reporting System, the Government and Prime Minister's Direction and Management Information System at the National Data Center to meet the set of indicators specified in Point a, Clause 1 of this Article;

c) Developing the Task Monitoring System assigned by the Government and Prime Minister, the Meeting and Work Processing System of the Government and Prime Minister to serve the needs of monitoring, evaluation, and supervision of tasks based on digital data;

d) Taking the lead, coordinating with ministries, sectors, provincial People's Committees, and related agencies to coordinate, connect, interoperate, integrate, and share information between information systems serving the management and direction of the Government and Prime Minister and the information systems and databases of ministries, sectors, and provincial People's Committees to serve the leadership, management, and direction work of the Government and Prime Minister as prescribed by law; organizing supervision and evaluation of the quality of connected and integrated information and data serving the management and direction of the Government and Prime Minister;

đ) Taking the lead, coordinating with ministries, sectors, and provincial People's Committees to organize guidance, implementation, and supervision of electronic document sending and receiving and work processing on an electronic environment;

e) Taking the lead, coordinating with the Ministry of Information and Communications, the Ministry of National Defense, the Ministry of Public Security to implement measures for network information security and cybersecurity for information systems serving the management and direction activities of the Government and Prime Minister;

g) Establishing data structure standards, data format regulations, rules, and procedures for data sharing to facilitate connection, integration, and sharing of data between the information system serving the management and direction of the Government and Prime Minister and the information system serving the management and direction of ministries, sectors, and provincial People's Committees to support electronic-based management and direction processes of administrative agencies.

2. Responsibilities of the Ministry of Information and Communications

a) Coordinating with the Government Office to guide ministries, agencies, and provincial People's Committees in building information systems serving management and direction and connecting them with the information system serving the management and direction of the Government and Prime Minister;

b) Coordinating with the Government Office, the Ministry of National Defense, the Ministry of Public Security to implement measures for network information security for the information system serving the management and direction of the Government and Prime Minister; guiding ministries, equivalent-level agencies, and provincial People's Committees to ensure network information security for the information system serving the management and direction of ministries, sectors, and provincial People's Committees.

3. Responsibilities of ministries, sectors, and provincial People's Committees

a) Implementing the document management and direction system, connecting with the National Document Interconnection Platform and the Task Monitoring System assigned by the Government and Prime Minister, and internal systems of ministries, sectors, and localities to ensure online management and direction activities based on data and full traceability;

b) Taking the lead, coordinating with the Government Office to build management and direction scenarios of the Government and Prime Minister according to assigned tasks; proactively preparing infrastructure, technology, and data to be ready for data connection and sharing with the information system serving the management and direction of the Government and Prime Minister.

Article 12. Supervision and inspection on electronic environment

1. Ministries, sectors, provincial People's Committees within their respective authorities shall be responsible for:

a) Reviewing and simplifying supervision and inspection procedures; developing supervision and inspection procedures on the electronic environment;

b) Guiding and implementing supervision and inspection activities on the electronic environment within their assigned fields and areas;

c) Building digital platforms and technical tools to serve supervision and inspection activities on the electronic environment within their assigned tasks and authorities.

2. Organizations and individuals shall be responsible for complying with activities serving supervision and inspection on the electronic environment by competent authorities.

Article 13. Emergency Plans and Response Measures in Case of Disruptions to Online Activities and Restoration of Normal Operations

1. The managers of information systems serving electronic transactions in state agencies must be ready to implement emergency plans and response measures in case of disruptions to online activities and restoration of normal operations in accordance with laws on cybersecurity.

2. The contents of the plan prescribed in Clause 1 of this Article include provisions of laws on cybersecurity and the following matters:

a) Data backup to ensure the maintenance of data necessary for the recovery of normal operation of the information system serving electronic transactions when cyber attacks occur, to support rescue and investigation of cyber incidents;

b) Being prepared to quickly restore normal operation of the information system serving electronic transactions when encountering incidents at the earliest time possible to minimize impact and damage or according to business requirements and commitments between the system manager and transaction participants;

c) Timely reporting and reporting to the state management agency on cybersecurity and users when emergencies and incidents causing disruptions to the operation of the information system serving electronic transactions occur.

Article 14. Hiring Experts from State Budget

1. Consulting activities for building databases; performing specialized technical activities related to management, operation, and ensuring cybersecurity for information systems serving electronic transactions, state agencies may hire suitable experts for each job.

2. Hiring experts must follow the following principles:

a) Selected based on specific criteria for each job;

b) Hired to work under contracts;

c) An expert may participate in one or more activities prescribed in Clause 1 of this Article.

3. Experts shall enjoy the following benefits and rights:

a) Receiving remuneration as agreed in the contract;

b) Being provided with relevant information during the performance of the expert's work as recorded in the contract;

c) Being supported for costs to attend domestic scientific conferences and seminars consistent with the expert's work as recorded in the contract, at the level of support currently stipulated;

d) Having the right to propose methods of performing the expert's work as recorded in the contract that are appropriate to the professional requirements of the work.

4. Remuneration and support for experts shall be implemented as follows:

a) Remuneration and support for experts shall be paid from the state budget at the appropriate level or from other legitimate sources (if any);

b) Remuneration for experts shall be paid according to the rate recorded in the contract agreed upon with the expert based on quality, quantity, and time required to complete the work;

c) Settlement of remuneration and support for experts shall be carried out in accordance with the law and based on the actual assessment of the expert's activities.

5. The basis for determining the value of contracts hiring experts to perform the contents of work specified in Clause 1 of this Article shall be implemented in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs on the salary for domestic consulting experts, and the Ministry of Finance on the budget allocation standards for hiring domestic and foreign experts.

Chapter IV
INFORMATION SYSTEM SERVING ELECTRONIC TRANSACTIONS

Article 15. Classification of electronic transaction information systems according to the system's management subject

1. The management subject of an electronic transaction information system is an agency, organization, or individual with direct management authority over that system.

2. Electronic transaction information systems are classified according to their management subjects, including:

a) The management subject is a state agency or organization;

b) The management subject is an organization or enterprise;

c) The management subject is an individual.

3. Determining the management subject of an electronic transaction information system

a) For state agencies and organizations, the management subject of an electronic transaction information system is ministries, ministerial-level agencies, government agencies, provincial People's Committees, or central city People's Committees, or the competent authority approving the investment project proposal or deciding to lease services for establishing, upgrading, or expanding the information system;

b) For enterprises and other organizations not covered under point a of this clause, the management subject of an electronic transaction information system is the competent authority approving the investment project proposal or deciding to lease services for establishing, upgrading, or expanding the information system;

c) For individuals, determining the management subject of an electronic transaction information system may be based on one or more pieces of information, including: service storage contract information (web); domain registration information for the electronic information website or mobile application distribution account.

Article 16. Classification of electronic transaction information systems according to function and feature

1. An electronic transaction information system with primary functions and features allowing for the issuance and verification of electronic transaction accounts; the conclusion of electronic contracts or the performance of unilateral legal acts that create, change, or terminate the rights and obligations of the parties involved through electronic means, shall be classified as follows:

a) Administrative procedures resolution on the electronic environment;

b) Electronic transactions in commercial activities;

c) Electronic transactions in financial activities;

d) Electronic transactions in banking activities;

e) Electronic transactions in other activities.

2. The Minister, Head of a ministerial-level agency, or Chairman of a provincial People's Committee shall issue regulations within their authority or submit them to the competent authority for issuance regarding the conclusion and performance of electronic contracts; concerning electronic transaction information systems in fields within their assigned tasks and powers, in accordance with practical conditions.

Article 17. Classification of electronic transaction information systems according to the number of users

1. A user on an electronic transaction information system when such user engages in at least one activity: logging in, accessing information, using services on the system.

2. A large-scale electronic transaction information system is an information system with an average monthly number of users in Vietnam from 3% to 10% of the total population as officially announced by the competent authority.

3. A very large-scale electronic transaction information system is an information system with an average monthly number of users in Vietnam exceeding 10% of the total population as officially announced by the competent authority.

4. The data used to determine the scale of an electronic transaction information system as stipulated in Clause 2 and Clause 3 of this Article is the average of the number of users engaging in activities on the platform over the last 12 months.

5. The Ministry of Information and Communications shall periodically conduct evaluations, research, and propose amendments and supplements to the classification of electronic transaction information systems in line with practical conditions.

Article 18. Determining large-scale and very large intermediary digital platforms serving electronic transactions

1. Classification of intermediary digital platforms serving electronic transactions according to the number of users:

a) A large-scale intermediary digital platform serving electronic transactions is an information system as defined in Clause 2, Article 17 of this Decree that creates an electronic environment allowing parties to conduct transactions or provide, use products and services or use for developing products and services, independently managed by the owner from the parties conducting transactions.

b) A very large-scale intermediary digital platform serving electronic transactions is an information system as defined in Clause 3, Article 17 of this Decree that creates an electronic environment allowing parties to conduct transactions or provide, use products and services or use for developing products and services, independently managed by the owner from the parties conducting transactions.

2. The owner of intermediary digital platforms serving electronic transactions shall self-determine the number of users:

a) Within no more than twelve months from the date this Decree takes effect, owners of intermediary digital platforms serving electronic transactions that have been operating for at least twelve months shall be responsible for self-determining the number of users.

b) Annually before January 31 each year following the initial self-determination of scale, owners of intermediary digital platforms serving electronic transactions shall be responsible for self-determining the number of users.

In case they meet the criteria for determining large-scale and very large intermediary digital platforms, the owners of such platforms shall report and provide data to state management agencies.

3. State agencies shall be responsible for receiving reports from the owners of intermediary digital platforms serving electronic transactions; consolidating and sharing data to serve state management of electronic transactions in accordance with the provisions of the law, consistent with their assigned functions, tasks, and authorities.

4. Responsibilities of the Ministry of Information and Communications:

a) Establish and operate a System for receiving and consolidating data to serve state management of electronic transactions by state agencies as prescribed. Establish and operate the System's functions and features, and technical regulations for the reference model connection serving electronic data sharing as prescribed by the Ministry of Information and Communications;

b) Receive and consolidate data to serve state management of electronic transactions by state agencies as prescribed; publish and update the list of large-scale and very large intermediary digital platforms serving electronic transactions on the website www.mic.gov.vn or on the electronic information page of the System for receiving and consolidating data to serve state management of electronic transactions;

c) Take the lead and coordinate with relevant ministries, sectors, and organizations to establish criteria, evaluate, and publish a list of independent measurement and statistical tools for the number of users active on intermediary digital platforms serving electronic transactions; or reliable reference data sources used to determine the scale of intermediary digital platforms.

Article 19. Responsibilities of the owner of large-scale intermediary digital platforms serving electronic transactions

The owner of large-scale intermediary digital platforms serving electronic transactions shall be responsible in accordance with Clause 2, Article 47 of the Law on Electronic Transactions.

1. Regarding the responsibility to publicly announce and disseminate mechanisms for reporting and resolving issues during electronic transactions as stipulated in Point b, Clause 2, Article 47, it is specified as follows:

a) Publicly announcing the mechanism for reporting and resolving issues on the intermediary digital platform, ensuring that users can easily access and browse. Publicly announced information must be presented in Vietnamese and may include other languages.

The owner of the intermediary digital platform and the user shall agree to choose a method to receive information through one of the common communication channels: the electronic information page, email, mobile application, or other communication channels;

b) The mechanism for reporting and resolving issues must include at least: receiving information related to issues from users including technical issues, complaints, disputes between transaction participants, and other issues; sending notifications to relevant accounts before proceeding with resolution; providing information to users affected by issues and measures taken; notifying the results of issue resolution; providing contact points in Vietnam of the intermediary digital platform owner responsible for handling issue-related information;

c) The content of the mechanism for reporting and resolving issues at Point b of this clause must be notified and updated to users when there are changes, through one of the common communication channels specified in Point a of this clause.

2. Regarding the responsibility to publicly announce and disseminate mechanisms for reporting and handling content violating Vietnamese laws on intermediary digital platforms from reliable sources of reports as stipulated in Point c, Clause 2, Article 47, it is specified as follows:

a) Publicly announcing the mechanism for reporting and handling content violating laws on the intermediary digital platform, ensuring that users can easily access and browse. Publicly announced information must be presented in Vietnamese and may include other languages.

The owner of the intermediary digital platform and the user shall agree to choose a method to receive information through one of the common communication channels: the electronic information page, email, mobile application, or other communication channels;

b) Reliable sources of reports include information from authorized agencies when required for investigation and handling of illegal information; and other information sources determined by the intermediary digital platform owner;

c) The mechanism for reporting and handling content violating laws includes at least: providing information related to the act, content, and subject of violation to authorized agencies when required; sending warnings to accounts showing signs of violating laws before proceeding with handling; providing information to users affected by illegal content and measures to address them; providing contact points in Vietnam of the intermediary digital platform owner responsible for handling illegal information.

d) The content of the mechanism for reflecting and handling violations of the law as stipulated in point c clause this must be notified and updated to users when there is a change through one of the communication channels specified in point a clause this.

3. Statistics on the number of users engaging in activities monthly; provide information according to the provisions of point b clause 1 Article 47 Law on Electronic Transactions through the System for Receiving and Aggregating Data to Serve State Management of Electronic Transactions or through other electronic means as directed by the Ministry of Information and Communications before January 31 each year; bear responsibility under the law for the accuracy of the provided information.

Article 20. Responsibilities of the managers of large-scale intermediary digital platforms serving electronic transactions

The managers of large-scale intermediary digital platforms serving electronic transactions shall fulfill responsibilities as prescribed in clause 3 Article 47 Law on Electronic Transactions and Article 19 of this Decree.

1. Regarding the responsibilities of the managers of large-scale intermediary digital platforms serving electronic transactions at point b clause 3 Article 47 Law on Electronic Transactions, it is specifically defined as follows:

a) Publicly announcing general principles, parameters, or criteria used to make recommendations for displaying content and advertisements to users on intermediary digital platforms, ensuring that users can easily access and retrieve such information. Publicly disclosed information must be in Vietnamese and may include other languages. Managers of intermediary digital platforms and users must agree on a method of receiving information through one of the following channels: website, mobile application, or other communication channels.

In cases where the digital platform has a search function and prioritizes displayed content, the criteria for determining prioritized displayed content must be publicly announced.

b) Allowing users to choose not to use the recommendation feature for displaying content and advertisements based on user data analysis.

If a user chooses not to use the recommendation feature for displaying content and advertisements, the manager of the digital platform must inform the user about changes in their ability to access content; automatic changes to the user's choice must not occur without their consent.

2. Regarding the responsibility at point d clause 3 Article 47 Law on Electronic Transactions, the managers of large-scale intermediary digital platforms serving electronic transactions are specifically defined as follows:

a) Publicizing and disseminating the code of conduct applicable to all parties involved, ensuring that users can easily access and retrieve such information. The code of conduct must be publicly disclosed in Vietnamese and may include other languages.

The code of conduct must be disseminated and updated to all relevant parties when there is a change through one of the common communication channels: email, website, mobile application, or other communication channels.

b) The general code of conduct consists of principles governing communication and behavior on intermediary digital platforms serving electronic transactions established and issued by the manager of the digital platform to maintain a healthy, equal, and safe environment for all participants, limiting inappropriate or illegal behaviors in electronic transactions.

c) The development of the code of conduct must comply with relevant legal regulations and ensure the rights and interests of all transaction participants.

d) Encouraging large-scale intermediary digital platforms to develop and publicize codes of conduct supporting people with disabilities and other vulnerable groups to participate in electronic transactions conveniently and equally.

Article 21. Trust Network Criteria

1. A trust network is a certification code for an information system serving electronic transactions that meets the criteria set forth in Clause 2 of this Article.

2. The trust network criteria for an information system serving electronic transactions include:

a) Compliance with legal provisions on ensuring information security at different levels;

b) Commitment to collect and store personal data only with the user's consent, except where otherwise provided by law;

c) User data from access devices to the electronic information site is encrypted using a secure algorithm provided by a trusted third party;

d) The domain name and server address of the electronic information site are not listed in the non-access recommendation list published by the Ministry of Information and Communications at the website www.tinnhiemmang.gov.vn;

đ) The electronic information site does not contain any harmful links, malware, fraudulent information, or other illegal content that may harm users;

e) Public information about the point of contact for receiving and handling issues related to information security is available;

3. Encouragement is given to the managers of information systems serving electronic transactions to study, evaluate, and publicly declare compliance with trust network criteria.

Chapter V
IMPLEMENTING PROVISIONS

Article 22. Effectiveness

1. This Decree takes effect from the date of issuance, except as provided in Article 23 of this Decree.

2. Abolish Article 25 of Decree No. 64/2007/NĐ-CP dated April 10, 2007, of the Government regarding the application of information technology in state agencies.

Article 23. Transitional Provisions

Information systems serving the conversion of legally binding documents, as prescribed by relevant laws, must be reviewed and meet the requirements set out in Clause 2 of Article 4 and Clause 3 of Article 5 of this Decree within twenty-four months from the effective date of this Decree.

Article 24. Responsibility for Implementation

The Minister, the head of ministries equivalent to ministries, the head of government agencies, the Chairman of the People's Councils of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Decree.