Decision No. 543/2002/QD-NHNN promulgates regulations on the construction, issuance, management, and use of electronic signatures on electronic documents in inter-bank electronic payments.

DECISION OF THE GOVERNOR OF THE STATE BANK

GOVERNOR OF THE STATE BANK

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

Pursuant to the Law on Credit Organizations No. 02/1997/QH10 dated December 12, 1997;

Pursuant to Decree No. 15/ dated October 20, 2015 of Pursuant to the Government's Decision No. 02/1993/NĐ-CP dated March 2, 1993 on the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;

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

Pursuant to the Prime Minister's Decision No. 135/1999/QĐ-TTg dated June 2, 1999 on the list of state secrets in the banking sector;

Pursuant to the Prime Minister's Decision No. 44/2002/QĐ-TTg dated March 21, 2002 on the use of electronic vouchers as accounting vouchers for recording and payment of funds by organizations providing payment services;

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

DECISION:

Article 1. This Decision promulgates regulations on the establishment, issuance, management, and use of electronic signatures on electronic vouchers in inter-bank electronic payments.

Article 2. This Decision shall take effect fifteen days from the date of signature. Previous regulations issued by the State Bank of Vietnam on the establishment, issuance, use, and management of electronic signatures that conflict with this Decision shall be repealed.

Article 3: Head of the Office, Director of the Accounting and Finance Department, Director of the Banking Information Technology Department, Heads of units under the State Bank of Vietnam, Directors of Departments of Transactions, Branches of the State Bank of Vietnam in provinces and centrally-administered cities, General Managers (Directors) of organizations providing payment services are responsible for implementing this Decision./. On the establishment, issuance, use, and management of electronic signatures on electronic vouchers

REGULATIONS

in inter-bank electronic payments

pursuant to Decision No. 543/2002/QĐ-NHNN

(issued together dated May 29, 2002 of the Governor of the State Bank of Vietnam).

 . An electronic signature on an electronic voucher in inter-bank electronic payments is an element of the electronic voucher, encrypted and always linked to the data of the electronic voucher to determine the accuracy of the elements on the electronic voucher when transmitted and received over computer networks between organizations providing payment services.

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

Article 1The electronic signature is established separately for each individual to identify and authenticate their authority and responsibility in using money from the account holder's deposit account or the person authorized by the account holder (the person issuing payment orders) and the Chief Accountant, Head of the Accounting Department or the authorized person (the controller), ensuring the legal basis for the use of money, accounting, and payment of funds. An electronic signature on an electronic voucher has the same value as a handwritten signature on a paper voucher.

The electronic signature belongs to the List of State Secrets in the banking sector at the "top secret" level.

Article 2Those who build, install software programs as well as those who issue electronic signatures must sign a confidentiality commitment according to the laws on protecting state secrets in banking operations.

Those who are issued and use electronic signatures must sign a confidentiality commitment according to the laws on protecting state secrets in banking operations.

AUTHORITY TO BUILD, ISSUE AND MANAGE ELECTRONIC SIGNATURES

Article 3The Director of the Department of Transactions of the State Bank, the Director of the State Bank Branches in provinces and centrally-administered cities (hereinafter referred to as State Bank Units) shall be responsible for building, issuing, and managing electronic signatures for organizations providing payment services that have accounts opened at State Bank Units and engage in inter-bank electronic payment transactions through the State Bank.

Director of the Department of Transactions of the State Bank, Director of the State Bank Branches in provinces and centrally-administered cities (hereinafter referred to as State Bank Units) shall be responsible for building, issuing, and managing electronic signatures for organizations providing payment services that have accounts opened at State Bank Units and engage in inter-bank electronic payment transactions through the State Bank.

Article 4Strictly prohibited are any units or individuals attempting to decode, steal, buy, sell, disclose, duplicate, or illegally destroy electronic signatures; exploiting the protection of electronic signatures to conceal violations of the law.

II. ESTABLISHING ELECTRONIC SIGNATURES

Article 5The Director of the State Bank Unit shall be responsible for coordinating with the Banking Information Technology Department to select and decide on the method and process for establishing electronic signatures for the inter-bank electronic payment system within their jurisdiction. When necessary, the Director of the State Bank Unit may designate persons with appropriate qualifications and integrity to assist in determining and issuing electronic signatures.

Article 6. The establishment of electronic signatures must comply with the following provisions:

1. It must be organized in a secure location; computers, printers, and other technical equipment serving the establishment of electronic signatures must be strictly managed and used separately to ensure good technical condition and security; 2. Strictly adhere to the established construction process;

3. Exceeding the number of electronic signatures specified is not allowed;

4. After completion, the electronic signature must be registered in the logbook of established electronic signatures. The logbook of established electronic signatures and newly constructed electronic signatures (not yet issued) shall be directly kept and preserved by the Director of the State Bank Unit under the top-secret document regime. Any documents, records, and test electronic signatures that are damaged or defective must be immediately destroyed along with the loss of the ability to restore the electronic signature in any form in computers and other information carriers to ensure accuracy, security, and confidentiality.

III. ISSUANCE AND MANAGEMENT OF ISSUANCE OF ELECTRONIC SIGNATURES The recipients of electronic signatures include:

1. The account holder or the person authorized by the account holder of organizations providing payment services participating in inter-bank electronic payments (hereinafter referred to as participating organizations in inter-bank electronic payments).

, Clause 1, Clause 2 Article 7a of this Regulation.2. The Chief Accountant, Head of the Accounting Department, or the authorized person of participating organizations in inter-bank electronic payments.

PROCEDURES FOR ISSUING ELECTRONIC SIGNATURES:

1. To obtain an electronic signature, the account holder of participating organizations in inter-bank electronic payments must submit a written request for an electronic signature along with a list of personnel from their organization eligible to receive an electronic signature to the State Bank Unit (in accordance with Form Appendix No. 1*).

Article 8. Procedure for issuing electronic signatures:

1. To be issued an electronic signature, the account holder of a unit participating in inter-bank electronic payment must submit a request for issuance of an electronic signature along with a list of their unit's personnel eligible to receive an electronic signature to the State Bank of Vietnam (in accordance with Form Appendix No. 1*).

2. The Director of the State Bank unit shall be responsible for reviewing the list of individuals proposed by participating electronic payment units to issue electronic signatures. The review must be based on the object, application procedures for issuance, and the need to use electronic signatures for "sent electronic signatures" to monitor, compare, and process the following procedures: "Sent electronic signatures" to monitor, compare, and perform the following procedures:

Prepare the Sending Form: Sent electronic signatures must be accompanied by a sending form, placed together in an envelope. On the sending form, stamps indicating confidentiality level and urgency must be affixed according to regulations applicable to top-secret documents.

Prepare the Envelope: Sent electronic signatures must be enclosed in a separate envelope, not mixed with regular document envelopes. The envelope paper must be durable, waterproof, opaque, and sealed with adhesive that is difficult to peel off. Sent electronic signatures must be sent in two envelopes:

Inner Envelope: Clearly indicate the number and code of the electronic signature, the name of the recipient, stamp "Top Secret," and write "Only the named person may open this envelope." Seal it with thread or wax, using thin paper that is difficult to peel off, sealing across all corners of the envelope flap, and stamping the seal on both the paper and the envelope flap. Use bright red ink for sealing.

Outer Envelope: Indicate as for regular documents, stamp the uppercase letter "B" (without stamping "Top Secret").

The State Bank unit and participating electronic payment units shall be responsible for monitoring, inspecting, and comparing with the receiving unit or individual to prevent loss or errors. For receiving electronic signatures through secure mail channels: Sent electronic signatures must be processed through secure mail and recorded in the "Confidential Documents Received" book to monitor and report immediately to the account holder of the participating inter-bank electronic payment unit before transferring to the recipient. The recipient of the electronic signature must return the sending form to the sender's office on the day of receipt.

4. Regarding received electronic signatures through secure mail channels: Sent electronic signatures must be processed through secure mail and recorded in the "Confidential Documents Received" book to monitor and report immediately to the account holder of the participating inter-bank electronic payment unit before transferring to the recipient. The recipient of the electronic signature must return the sending form to the sender's office on the day of receipt. The storage and preservation of electronic signatures shall be carried out in accordance with the following provisions:

Article 19. 1. Newly constructed electronic signatures, issued but unused electronic signatures, currently in use, and those collected for processing must all be registered, stored, and preserved strictly according to the regime for top-secret documents by relevant units and individuals.

2. When not in use, electronic signatures must be carefully stored and preserved in locked safes or cabinets ensuring safety and located at the workplace.

. Electronic signatures that have been canceled after being discontinued from use.

Article 201. The Director of the State Bank unit shall be responsible for guiding participating inter-bank electronic payment units and related individuals to carry out necessary procedures to cancel electronic signatures.

2. The decision to cancel electronic signatures shall be made by the Director of the State Bank unit. Canceling electronic signatures must ensure that they cannot be reused.

All cases of cancellation of electronic signatures must establish a cancellation committee.

3. The State Bank unit must maintain a record of canceled electronic signatures.

VII. VIOLATION HANDLING

. Units and individuals violating any of the contents stipulated in Article 4 of this Regulation; losing electronic signatures; improperly using electronic signatures or using them to exploit embezzlement of state assets and other violations of this Regulation shall be subject to disciplinary, administrative, or criminal liability depending on the nature and severity of the violation and must bear material compensation responsibility for damages caused in accordance with the law.

. The Head of the Accounting and Finance Department shall be responsible:

Article 211. Based on the provisions of this Regulation, the Head of the Accounting and Finance Department of the State Bank shall be responsible for coordinating with the Banking Information Technology Bureau to select, decide on the plan and procedure for constructing, issuing, and managing electronic signatures used in the electronic fund transfer system of the State Bank of Vietnam. 2. Guide and supervise the implementation of the Regulation on the construction, issuance, use, and management of electronic signatures in the electronic fund transfer system of the State Bank.

VIII. IMPLEMENTATION PROVISIONS

Article 22. Provincial Branch Director

The provincial branch of the State Bank under the central government shall be responsible:

1. Managing the construction, issuance, change, and guidance on the use of electronic signatures in inter-bank electronic payments organized by itself.

Article 232. Guide and supervise the implementation of the Regulation on the construction, issuance, use, and management of electronic signatures in inter-bank electronic payments. The Director of the Banking Information Technology Bureau shall be responsible for coordinating with relevant State Bank units to select, construct software programs for issuing and managing electronic signatures in inter-bank electronic payments and in the State Bank's electronic fund transfer system.

.

General Director (Director)

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". of service-providing organizations shall be responsible: 1. Based on the provisions of this Regulation, the General Director (Director) of service-providing organizations shall be responsible for selecting, deciding on plans and procedures for constructing, issuing, and managing electronic signatures in their internal electronic payment systems.

Article 25The General Director (Director) of service-providing organizations may agree with their customers (who have accounts and conduct transactions through service-providing organizations) regarding the use of electronic signatures in electronic payments between service-providing organizations and customers. 2. The General Director (Director) of participating electronic payment units shall be responsible for managing and supervising the use of electronic signatures within their units in accordance with this Regulation.

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

The General Director (Director) of the service provider organization may agree with their customers (who have accounts and conduct transactions through the service provider organization) on the use of electronic signatures in electronic payments between the service provider organization and its customers.

2. The General Director (Director) of units participating in electronic payments shall be responsible for managing and supervising the use of electronic signatures within their unit in accordance with this Regulation.

Article 26. Any amendments or supplements to this Regulation shall be decided by the Governor of the State Bank of Vietnam./.