Decision No. 44/2002/QD-TTg On the use of electronic vouchers as accounting vouchers for recording and settling capital of Payment Service Providers

DECISION

On the use of electronic vouchers as accounting vouchers for capital accounting and settlement by service-providing organizations in payment services 

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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 the Accounting and Statistics Ordinance dated May 10, 1988;

Pursuant to the Government Decree No. 64/2001/NĐ-CP dated September 20, 2001 on payment activities through service-providing organizations in payment services;

Considering the proposal of the Governor of the State Bank of Vietnam,

DECISION:

Article 1. Service-providing organizations in payment services (including the State Bank of Vietnam, banks, and other organizations authorized to provide payment services) are permitted to use electronic vouchers as accounting vouchers for capital accounting and settlement.

Article 2. An electronic voucher is an accounting voucher whose elements are represented in the form of encoded data that remains unchanged during transmission over computer networks or on storage media such as magnetic tapes, floppy disks, or payment cards.

Electronic vouchers must contain all elements required for accounting vouchers, ensuring their legal validity, and must be encoded to ensure security during information processing and storage; specifically, the signature element must be encoded using a cryptographic key known as an electronic signature. The electronic signature is established individually for each person to determine the authority and responsibility of the signer and those responsible for the security and accuracy of the electronic voucher. An electronic signature on an electronic voucher has the same legal effect as a handwritten signature on a paper voucher.

Article 3. The Governor of the State Bank of Vietnam is responsible for stipulating standards, formats, indicators, and data structures of electronic vouchers; procedures for establishing, issuing, and managing cryptographic keys in electronic payments among service-providing organizations in payment services (including electronic signatures).

Article 4. Service-providing organizations in payment services using electronic vouchers shall be responsible for:

Implementing the establishment, processing, use, and storage of electronic vouchers in accordance with the regulations of the Governor of the State Bank of Vietnam and related state regulations. Ensuring the confidentiality and integrity of data and information about electronic vouchers during use and storage. Equipping technical means (including backup systems) to exploit, process, and use electronic vouchers. Strictly managing and monitoring to prevent and combat exploitation, intrusion, copying, theft, or use of electronic vouchers for purposes contrary to the regulations on confidentiality and provision of information by service-providing organizations in payment services.

Article 5. Service-providing organizations in payment services shall be responsible for providing complete information, electronic vouchers, and guidance on the use of equipment to serve work, investigations, and reading of vouchers when requested by competent authorities for inspection and audit.

Article 6. Electronic vouchers used for accounting and settlement must be capable of being printed out on paper in the form of vouchers or voucher lists when necessary. Each printed voucher or list must be reviewed, confirmed, and stamped by the Chief Accountant and General Director or Director of service-providing organizations in payment services (or authorized representatives) in accordance with the regulations.

Article 7. Individuals or organizations violating the provisions of this Decision and relevant laws on electronic vouchers shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if material damage is caused, compensation must be provided according to the law.

Article 8. This Decision takes effect fifteen days from the date of issuance and replaces Decision No. 196/TTg dated April 1, 1997 of the Prime Minister on the use of data on storage media as accounting vouchers and for settlement by banks and credit organizations.

Article 9. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decision.