Decision No. 376/2003/QD-NHNN Issuing Regulations on the preservation and storage of electronic vouchers that have been used for accounting and capital transactions of service providers.

Pursuant to …;

Issuing regulations on the preservation and storage of electronic vouchers that have been used for accounting and capital transactions of payment service providers.

Accounting and capital transactions of payment service providers.

The Governor of the State Bank of Vietnam

___________________

Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 dated December 12, 1997 and the Law on Credit Organizations No. 02/1997/QH10 dated December 12, 1997;

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating functions, tasks, powers, and organizational structure of Ministries and Ministerial-Level Agencies;

Based on Decision No. 44/2002/QD-TTg dated March 21, 2002 of the Prime Minister regarding the use of electronic vouchers as accounting vouchers for accounting and capital transactions of payment service providers;

At the proposal of the Director of the Accounting and Finance Department of the State Bank,

Pursuant to …;

Article 1. Attached to this Decision are "Regulations on the preservation and storage of electronic vouchers that have been used for accounting and capital transactions of payment service providers."

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Part I, Section B of Decision No. 308/QĐ-NH2 dated September 16, 1997 of the Governor of the State Bank of Vietnam on the issuance, use, control, handling, preservation, and storage of electronic vouchers of banks and credit organizations.

Article 3. The Heads of the Office, Department of Accounting and Finance, Director of the Banking Information Technology Bureau, Heads of units under the State Bank of Vietnam, Governors of provincial branches of the State Bank of Vietnam directly under the Central Government, General Directors (Directors) of payment service providers are responsible for implementing this Decision. /.

REGULATIONS

ON THE PRESERVATION AND STORAGE OF ELECTRONIC VOUCHERS THAT HAVE BEEN USED FOR ACCOUNTING AND CAPITAL TRANSACTIONS OF PAYMENT SERVICE PROVIDERS
(Issued together with Decision No. 376/2003/QĐ-NHNN dated April 22, 2003)

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1. Scope of application

These regulations stipulate the preservation and storage of electronic vouchers that have been used for accounting and capital transactions (hereinafter referred to as electronic vouchers) of payment service providers.

Article 2. Forms of preservation and storage of electronic vouchers

1. Electronic vouchers are preserved and stored on paper (paper-based preservation and storage form) or directly in the form of electronic data through electronic, optical, or similar means (electronic data preservation and storage form).

2. Payment service providers may choose and apply appropriate forms of preservation and storage of electronic vouchers suitable for their specific transaction activities and technological capabilities.

3. For electronic vouchers related to litigation, disputes, cases that have been or are being or will be adjudicated; or those with a retention period exceeding twenty (twenty) years (if applicable), preservation and storage must only be done on paper.

Article 3. Requirements for paper-based preservation and storage

Electronic vouchers must be printed on paper according to the prescribed voucher format and signed and stamped fully for preservation and storage. Preservation and storage of electronic vouchers in this form must comply with current regulations on the preservation and storage of paper-based accounting vouchers.

Article 4. Requirements for electronic data preservation and storage

1. Requirements for stored electronic data:

a. Stored electronic data must be in the original form used for accounting and capital transactions of payment service providers, or in a form that can accurately represent the accounting vouchers used for such transactions;

b. Electronic data must ensure the integrity and completeness of the accounting vouchers it reflects, without alteration or deviation during the specified retention period;

c. Electronic data must be stored for the correct and sufficient duration as stipulated in the regulations on the retention of accounting vouchers;

d. In necessary cases, stored electronic data must be printable on paper in the form of accounting vouchers.

2. Requirements for payment service providers in self-executing electronic data preservation and storage:

a. Payment service providers must develop a plan for electronic data preservation and storage to be approved by the Governor of the State Bank of Vietnam before implementation;

b. There must be adequate equipment and facilities for preserving and storing electronic data and for accessing and using stored electronic data as required;

c. A technical process for preserving and storing electronic data must be established.

Article 5. Conversion of preservation and storage forms of electronic vouchers

In necessary cases, payment service providers may convert the preservation and storage form of electronic vouchers from electronic data storage to paper-based storage. The conversion of preservation and storage forms of electronic vouchers must be carried out in accordance with Article 15 of these Regulations.

Article 6. Prohibited acts

1. Attempting to exploit, illegally access, use, or intentionally cause loss, damage, falsification, or modification of stored electronic data.

2. Taking advantage of electronic data preservation and storage to conceal violations of the law.

II. SPECIFIC REGULATIONS ON THE PRESERVATION AND STORAGE OF ELECTRONIC VOUCHERS

Article 7. Location of storage of electronic vouchers

1. Electronic vouchers generated at a payment service provider must be stored at that payment service provider.

2. Payment service providers may lease storage of electronic vouchers at other payment service providers that provide electronic voucher preservation and storage services based on contracts signed between the parties.

Article 8. Arrangement and classification of electronic vouchers for storage

Electronic vouchers for storage must be arranged and classified in chronological order of occurrence, by type of business activity, and by the retention period for each type of voucher.

Article 9. Retention period of electronic vouchers

1. Retention period of electronic vouchers:

a. Electronic vouchers directly related to accounting records at payment service providers: must be retained for twenty (twenty) years from the end of the fiscal year or upon completion of capital settlement of payment service providers;

b. For electronic vouchers used solely for management, operation, and control, and reconciliation in capital transactions of payment service providers, not directly for accounting records: must be retained for a minimum of five (five) years from the end of the fiscal year or upon completion of capital settlement of payment service providers;

c. For electronic vouchers that have exceeded their retention period but are related to litigation, disputes, cases that are being or have not yet been adjudicated, the retention period shall be applied in accordance with current relevant laws.

2. The Director of the Accounting and Finance Department shall be responsible for providing specific guidance on the retention period for electronic vouchers used in inter-bank electronic payment transactions organized by the State Bank and for transferring electronic money within the State Bank system.

3. Payment service providers shall specify the retention period for electronic vouchers within their own organizations in accordance with Clause 1 of Article 9 of this Regulation and report to the State Bank (Accounting and Finance Department) before implementation.

Article 10. Procedures and accounting practices for preserving and storing electronic data

1. Processing prior to archiving electronic vouchers as electronic data:

a. Electronic vouchers must be controlled and reconciled with relevant processing and bookkeeping stages to ensure accuracy, correctness, and completeness before being archived.

For electronic vouchers such as Payment Orders, Transfer Orders, and similar payment transfer vouchers that are directly generated from original paper vouchers (customer payment vouchers or bank vouchers), accountants must verify and reconcile them with the original paper vouchers to ensure the accuracy of all elements. Original paper vouchers, after verification and reconciliation with electronic vouchers, must still be preserved and stored according to current regulations.

b. After verifying and reconciling accurately, the accounting department prints out an electronic data storage record sheet (attached to this Decision), which must include signatures of the Chief Accountant or the person in charge of accounting, the assigned accounting clerk responsible for storing and preserving vouchers, the dedicated IT staff member responsible for storing and preserving electronic vouchers (if applicable), and the stamp of the accounting unit.

2. Processing for storing electronic data: Implement in accordance with the technical procedures for preserving and storing electronic data.

Article 11. The exploitation, provision, and use of stored electronic vouchers; handling lost or damaged electronic vouchers; and destroying electronic vouchers at the end of their retention period shall be carried out in accordance with current regulations governing stored accounting vouchers.

Article 12. Proposal for preserving and storing electronic data of payment service providers

1. The proposal for preserving and storing electronic data of payment service providers verifies and specifies the following main contents:

a. Scope of preservation and storage of electronic data,

b. Organizational solutions for preserving and storing electronic data and ensuring security for stored electronic data.

2. Payment service providers must implement the preservation and storage of electronic data strictly in accordance with the approved proposal by the Governor of the State Bank; in case of changes, they must report to the State Bank (Bank Technology Department).

Article 13. Organizational solutions for preserving and storing electronic data and ensuring security for stored electronic data of payment service providers include the following main contents:

1. Selection of technology, including machinery; technical equipment, software databases, and storage locations for preserving and storing electronic data.

2. Organization of primary and backup data storage systems.

3. Regular inspection and backup procedures for stored electronic data.

4. Other necessary measures determined by payment service providers to organize the safe, reasonable, and scientific preservation and storage of electronic data; prevent and mitigate risks such as unauthorized access, use, loss, damage, forgery, modification of stored electronic data, and other technical incidents..

Article 14. Technical procedures for preserving and storing electronic data of payment service providers must specify detailed technical operations to handle:

1. Storing electronic data.

2. Exploiting and using stored electronic data in accordance with current regulations.

3. Monitoring and supervising the security of stored electronic data.

4. Implementing preventive and remedial measures for risks associated with stored electronic data.

5. Destroying electronic data at the end of its retention period.

6. Other related contents concerning technical preservation and storage of electronic data.

Article 15. Conversion of preservation and storage forms of electronic vouchers

1. The conversion of the form of preservation and storage of electronic vouchers from electronic data storage to paper storage shall be implemented in the following cases:

a. There is an imminent risk affecting the security of stored electronic data;

b. As prescribed or required by competent state authorities;

c. Due to objective or subjective reasons, payment service providers cannot continue to meet the requirements for preserving and storing electronic data.

2. Procedures for converting the form of preservation and storage of electronic vouchers from electronic data storage to paper storage:

a. Payment service providers must establish a Committee for Handling Data Conversion. The Committee includes the General Manager (Director) or his authorized representative, the Chief Accountant or the person in charge of accounting, the person assigned to store and preserve electronic data, and representatives of relevant departments (if any). The Committee's responsibilities are:

- To print stored electronic data onto paper in the form of accounting vouchers for control and reconciliation with the electronic data storage record sheet (attached). Then, prepare a Record of Handling the Conversion of Storage Forms of Electronic Vouchers, accompanied by the converted electronic data storage record sheet. In case of discovering errors or missing, lost vouchers, the Committee must follow current regulations regarding the handling of lost or destroyed accounting documents.

- Paper accounting vouchers converted from stored electronic data must continue to be stored for the specified period (retention period calculated from the date of electronic data storage).

b. After completing the conversion process of the form of preservation and storage of electronic vouchers, payment service providers must report to the State Bank.

III. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN THE PRESERVATION AND STORAGE OF ELECTRONIC VOUCHERS

Article 16. The Bank Technology Department is responsible for

1. Advising the Governor of the State Bank on managing and organizing the preservation and storage of electronic data in the banking sector.

2. Chair and coordinate with relevant units to organize the implementation of applying technology for the preservation and storage of electronic data in inter-bank electronic payments organized by the State Bank and the transfer of electronic money within the State Bank system, including:

- Preparing proposals for the preservation and storage of electronic data to be submitted for approval by the Governor of the State Bank;

- Issuing technical procedures for the preservation and storage of electronic data;

- Preparing and implementing the preservation and storage of electronic data according to the proposal approved by the Governor of the State Bank.

3. Review and submit proposals for the preservation and storage of electronic data of other service providers to the Governor of the State Bank for approval.

Article 17. The General Director (Director) of service providers using electronic vouchers shall be responsible for:

1. Organizing the full and correct implementation of regulations and guidelines issued by the State Bank on the preservation and storage of electronic vouchers in inter-bank electronic payments organized by the State Bank.

2. Organizing the preservation and storage of electronic vouchers within their own organization in accordance with regulations.

3. Being liable under the law for the safety, completeness, and legality of electronic vouchers stored at their organization.

Article 18. Responsibilities of organizations and individuals assigned the task of preserving and storing electronic vouchers

1. Organizations and individuals assigned the task of managing and preserving stored electronic vouchers shall be responsible for protecting their security and facilitating their exploitation and use in accordance with regulations.

2. Implementing regulations and guidelines on the management and preservation of stored electronic vouchers and shall bear full responsibility for any unauthorized exploitation, intrusion, illegal use, loss, damage, forgery, substitution, alteration, and other technical incidents caused by their own negligence regarding stored electronic vouchers.

3. Individuals assigned the task of preserving and storing electronic vouchers shall not permit any organization or individual to exploit or use stored electronic vouchers without written consent from the head of their organization or authorized representative. In cases where there is a risk or discovery of unauthorized exploitation, intrusion, illegal use, loss, damage, forgery, substitution, alteration, and other technical incidents involving stored electronic vouchers, they must immediately report to the head of their organization or authorized representative to take timely measures to address and rectify the situation.

IV. IMPLEMENTATION PROVISIONS

Article 19. Organizations and individuals violating this Regulation shall be subject to disciplinary action, administrative penalties, or criminal liability depending on the nature and severity of the violation; if material damage is caused, they must compensate in accordance with the law.

Article 20. Amendments and supplements to this Regulation shall be decided by the Governor of the State Bank.