Circular No. 78/2008/TT-BTC guiding the implementation of certain contents of Decree No. 27/2007/NĐ-CP dated February 23, 2007 on electronic transactions in financial activities.

CIRCULAR

Guidelines for implementing certain contents of Decree No. 27/2007/NĐ-CP dated February 23, 2007 on electronic transactions in financial activities  hoạt động tài chính

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated November 29, 2006;

Pursuant to Decree No. 27/2007/NĐ-CP dated February 23, 2007 of the Government stipulating electronic transactions in financial activities;

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Ministry of Finance guides the implementation of certain contents of Decree No. 27/2007/NĐ-CP dated February 23, 2007 of the Government stipulating electronic transactions in financial activities as follows:

Part I

GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular provides specific guidance on requirements for parties participating in electronic transactions in financial activities; using electronic data of the Ministry of Finance; using digital signatures; legal value and unique identifiers on converted documents; procedures for issuing, temporarily suspending, and revoking certificates of organizations providing VAN services; usage fees for VAN services; and relationships between organizations providing VAN services and their partners.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

Agencies, organizations, and individuals using electronic transactions in financial activities and organizations providing value-added services in electronic transactions in financial activities.

In this technical regulation, the following terms are understood as follows:

Terms used in this Circular have the same meanings as those defined in Decree No. 27/2007/NĐ-CP. Within the scope of this Circular, the following terms are understood as follows:

3.1. Technical infrastructure for electronic transactions includes: hardware equipment, application software, and transmission lines.

3.2. Technical regulations stipulated in Clause 2, Article 4 of Decree No. 27/2007/NĐ-CP are understood as conditions regarding technical infrastructure, formats, templates of electronic documents, types of digital signatures, digital signatures, processes ensuring integrity, security, and confidentiality when conducting electronic transactions in financial activities. The Ministry of Finance will provide specific technical regulations for each type of business activity in specialized guiding documents.

3.3. Specialized agencies are units under the Ministry of Finance responsible for state management of electronic transactions in financial activities including the General Department of Taxation, the General Department of Customs, the Securities Commission, the State Treasury, the National Reserve Agency, and the Bureau of Information Technology and Financial Statistics.

3.4. Value-added services in financial activities (referred to as VAN services) are services for transmitting and receiving electronic documents between service users and specialized agencies to conduct electronic transactions in financial activities.

4. Authority to issue, revoke Certificates of Organizations Providing VAN Services

Depending on the specific financial business requirements, specialized agencies are responsible for issuing and revoking Certificates of Organizations Providing VAN Services according to the provisions of this Circular.

Part II

SPECIFIC PROVISIONS

I. REQUIREMENTS FOR PARTIES PARTICIPATING IN ELECTRONIC TRANSACTIONS IN FINANCIAL ACTIVITIES

1. Requirements for parties providing electronic transaction services in financial activities

a) Must be an organization providing financial services in the types of business activities specified in Article 11 of Decree No. 27/2007/NĐ-CP;

b) Must publicly disclose and bear legal responsibility for the conditions of using services: infrastructure conditions, response time, risk control and handling capabilities during the transaction process, complaint location, support resolution location.

2. Requirements for parties using electronic transaction services in financial activities

a) Commit to comply with the electronic transaction procedures prescribed by the electronic transaction service provider. This commitment can be in the form of a contract or notice based on mutual agreement among the parties involved in the transaction, which must specify the legal responsibilities of each party.

b) Must have a digital signature or digital signature as prescribed by law.

II. USE OF THE DATABASE SYSTEM OF SPECIALIZED AGENCIES

1. Agencies, organizations, and individuals requesting to use the database system directly operated and managed by specialized agencies to conduct electronic transactions in financial activities must meet the following requirements:

1.1. Have a ready-made infrastructure and application system for organizing data exchange;

1.2. Comply with the data formats for electronic transactions specifically defined by the specialized agency for each type of electronic transaction;

1.3. Comply with the technical infrastructure requirements for each type of transaction as specified by the specialized agency;

1.4. Be approved in writing by the specialized agency for the information and data exchange solutions developed by the unit based on compliance with the above requirements.

2. Approval procedure for using the database system of specialized agencies

2.1. Agencies, organizations, and individuals requesting to use the database system of specialized agencies to conduct electronic transactions in financial activities shall prepare five sets of files and submit them to the specialized agency. The content of the file includes:

a) Request for provision and use of the specialized agency's database;

b) Solution for organizing information and data exchange with the specialized agency.

2.2. Within thirty working days from the date of receipt of valid files, the specialized agency shall respond in writing to the agencies, organizations, and individuals making the request. In case of non-approval, the specialized agency shall provide a written response stating the reasons.

III. USE OF DIGITAL SIGNATURES

Article 14 of Decree No. 27/2007/NĐ-CP stipulates that organizations and individuals participating in transactions with financial agencies must use digital signatures provided by Public Key Infrastructure Service Providers. In cases where there is no public key infrastructure service, the parties involved in the transaction may agree in writing to use electronic signatures to ensure convenience and security during the transaction process.

IV. LEGAL EFFECT OF DOCUMENTS CONVERTED FROM ELECTRONIC DOCUMENTS AND VICE VERSA (SHORTHAND: CONVERTED DOCUMENTS)

A. LEGAL EFFECT OF CONVERTED DOCUMENTS

1. Converted documents have legal effect when they satisfy the requirements for the integrity of information on the original document, the unique identifier confirming the conversion, and the signature and name of the person performing the conversion as specified in Clause 1 and Clause 2 of Article 7 of Decree No. 27/2007/NĐ-CP.

2. In necessary cases for certain converted documents, depending on specific business requirements, specialized units may require the signature of the head of the unit or a person authorized by the head of the unit according to the provisions of the law on converted documents in the specialized guidance documents.

B. UNIQUE IDENTIFIER ON CONVERTED DOCUMENTS

1. The unique identifier on converted documents from electronic documents to paper documents includes the following complete information: a distinguishing phrase between converted documents and original documents "CONVERTED DOCUMENT FROM ELECTRONIC DOCUMENT"; the name and signature of the person performing the conversion; the time of conversion. If the specialized guidance document does not provide otherwise, the format of the unique identifier on converted documents shall be as follows:

 

2. The unique identifier on converted documents from paper documents to electronic documents includes the following complete information: a string of characters distinguishing between converted documents and original documents; the name and electronic signature of the person performing the conversion; the time of conversion. The format of the unique identifier is specified in the specialized guidance documents. If the specialized guidance document does not provide otherwise, the format of the unique identifier on converted documents in readable form shall be as follows:

 

3. Depending on the specific business requirements, specialized agencies may specify additional unique identifiers on the original documents of converted documents in the specialized guidance documents.

V. ISSUANCE OF CERTIFICATE FOR SERVICE PROVIDER ORGANIZATIONS

A. PROCEDURE FOR ISSUING THE CERTIFICATE FOR SERVICE PROVIDER ORGANIZATIONS

1. Criteria for Issuance of Certificate

1.1. Subject Requirements

a) It is a business operating in Vietnam with a business registration certificate or investment certificate/investment permit for foreign-invested enterprises in the field of information technology;

b) Has experience in building information technology solutions for businesses; solutions for implementing electronic data exchange between specialized agencies and businesses, specifically:

b1. Has at least five years of experience in the field of building information technology solutions or software development;

b2. Successfully implemented an information technology system for at least 50 businesses;

b3. Implemented an electronic data exchange system to facilitate electronic data exchange between branches of the business or between the business and partners.

1.2. Financial Requirements

a) Has sufficient financial capacity to establish technical equipment systems, organize and maintain operations consistent with the scale of service provision;

b) Has a guarantee letter from a credit institution or purchased insurance regarding compensation for possible losses during the provision of electronic document transmission and receipt services between service users and specialized agencies;

c) Has or rents premises, suitable for machinery and equipment in accordance with fire prevention and explosion protection laws and appropriate to the type of service provided.

1.3. Human Resources Requirements

Has a team of employees meeting the requirements of expertise and the scale of service deployment, specifically:

a) A technical staff with international certificates in operating and securing information technology systems;

b) Deployment staff knowledgeable about financial operations and financial law.

1.4. Technical Requirements

a) Establish a system of equipment and technology ensuring the following requirements:

a1. Allows service users to access the service and ensures connection to the specialized agency's electronic data processing system online 24 hours a day, seven days a week. System downtime for maintenance should not exceed 2% of total service hours;

a2. Ensures the confidentiality, integrity, and availability of data exchanged between participants; has measures to control transactions between service users and specialized agencies;

a3. Has the ability to detect, warn, and prevent unauthorized access and cyber attacks;

a4. Has data backup, recovery, and storage procedures meeting minimum quality requirements including:

+) The data storage system must meet or be proven compatible with data storage standards;

+) Data backup and recovery procedures when the system encounters problems: ensure full online data backup; ensure a maximum recovery time of eight hours from the time of the system failure;

a5. Compatible with information system security standards;

b) Has a solution for storing electronic documents, results of exchanges between participants in transactions, and storing electronic documents during the transaction period until completion with the following minimum requirements:

b1. The original electronic data message must be retained on the system until the transaction is successfully completed;

b2. The original electronic data message may be accessed online until the transaction is successfully completed;

c) Information related to the process of implementing electronic transactions on the system must be retained for a minimum period of ten years from the date of successful completion of the transaction. Such information may be accessed online during the retention period mentioned above;

d) There are backup plans and systems to ensure continuous safe operation and there are contingency plans to handle unusual situations and resolve incidents;

đ) There are plans to expand services when the scale of service usage increases.

2. Procedures for registering to provide VAN services

2.1. Documents for registering to provide VAN services

The documents for registering to provide VAN services shall be prepared in five sets, each set consisting of:

a) Application form for registering to provide VAN services by the organization;

b) Business registration certificate or investment certificate/investment permit of the organization (certified copy);

c) Guarantee letter from a credit institution (original) or insurance contract (certified copy) regarding compensation for potential losses that may occur during the provision of electronic document transmission and receipt services between the VAN service user and the specialized agency;

d) Website address of the organization for users to access and use the service;

e) Proposal for providing VAN services including:

e1) Detailed business plan including: scope and target audience for service provision; service quality standards; service rates; total investment capital and allocation of investment capital for each phase; investment forms and funding mobilization plans; human resources and other necessary information;

e2) Infrastructure and technical solutions; equipment systems to ensure compliance with technical requirements stipulated in this Circular;

e3) Registration of the connection time with the specialized agency's electronic data processing system to provide VAN services;

e4) Commitment document to provide long-term services, at least five years, to users and to implement an information technology system with comprehensive coverage, ready to connect with the specialized agency's electronic data processing system.

2.2. Receiving the application documents:

The application documents for registering to provide VAN services shall be submitted to the specialized agencies. Depending on the specific financial business activities, the documents shall be submitted to one of the corresponding specialized agencies. If the documents are complete and valid, the specialized agency will issue a notification of receipt of the documents; if the documents are not accepted, the specialized agency will issue a written response stating the reasons.

2.3. Reviewing and accepting the application documents for providing VAN services

a) Within thirty days from the date of receiving the documents, the specialized agency will review and examine the application documents for providing VAN services by the organization. If the documents meet all the criteria specified in Clause 1 Point A Section V of this Circular, the specialized agency will issue a document accepting the application documents for providing VAN services by the organization. In case of necessity, the review period can be extended but not exceeding sixty days from the date of receiving the documents.

b) In case the organization applying to provide VAN services does not meet the conditions specified in Clause 1 Point A Section V of this Circular, the specialized agency will issue a rejection notice and state the reasons.

2.4. Announcing the decision to accept the application documents for providing VAN services

Immediately after making the decision to accept the application documents for providing VAN services, the specialized agency will publicly announce on its own website, the Ministry of Finance’s website, and list organizations whose application documents have been accepted for providing VAN services.

3. Procedures for re-registering the connection time with the specialized agency's electronic data processing system to provide VAN services

3.1. Cases where re-registration of the connection time with the specialized agency's electronic data processing system is accepted.

a) Registering again before the connection time with the specialized agency's electronic data processing system recorded in the application documents for providing VAN services.

b) Exceeding the registered deadline but having legitimate reasons for not implementing the system.

3.2. Procedures for re-registering the connection time with the specialized agency's electronic data processing system

a) For cases of re-registering before the registered connection time

When the organization submits a request to re-register the connection time with the specialized agency's electronic data processing system, the specialized agency will consider and accept it.

b) For cases exceeding the committed deadline for implementing the VAN service provision system

b1. The organization must submit a statement explaining the delay and re-register the connection time with the specialized agency's electronic data processing system.

b2. Based on the results of reviewing the documents, the specialized agency will issue a decision to accept the re-registration of the implementation time for the VAN service provision system; if not accepted, the specialized agency will issue a written response stating the reasons.

4. Procedures for connecting the information technology system of the organization that has had its application documents accepted for providing VAN services with the specialized agency's electronic data processing system

The procedures for connecting the information technology system of the organization that has had its application documents accepted for providing VAN services with the specialized agency's electronic data processing system are as follows:

4.1. The organization shall submit a document registering the official connection time with the specialized agency's electronic data processing system.

4.2. After receiving the organization's official connection registration document, the specialized agency will proceed with:

a) Conducting inspections and surveys of the organization's information technology system;

b) Issuing a notification of the connection procedures for the organization within fifteen working days from the date of receiving the official registration document;

c) Preparing a record acknowledging the connection.

5. Issuing the Certificate Recognizing the Organization Providing VAN Services

Based on the application documents for permission to provide VAN services by the organization; based on the results of reviewing the documents and materials, the criteria for the subject, capacity, personnel, and technical solutions of the organization; and based on the record acknowledging the successful completion of the connection between the organization's information technology system and the specialized agency's electronic data processing system, the specialized agency will proceed with the following contents:

5.1. Issue the Certificate of Recognition for organizations providing VAN services to those that have completed the connection with the data processing system of the specialized agency;

5.2. Publicly announce on the Ministry of Finance's website and their own website the list of organizations that have been issued the "Certificate of Recognition for Organizations Providing VAN Services;"

B. PROCEDURES FOR CHANGING CONTENT AND REISSUING THE CERTIFICATE OF RECOGNITION FOR ORGANIZATIONS PROVIDING VAN SERVICES

1. Organizations providing VAN services must submit an application for changing the content of the Certificate of Recognition for Providing VAN Services to the specialized agency in the following cases:

a) When there is a need to change the content of the Certificate of Recognition for Providing VAN Services;

b) When restructuring the enterprise.

2. The application for changing the Certificate of Recognition for Organizations Providing VAN Services shall be prepared in five sets, each set including: a request for changing the content of the Certificate of Recognition for Organizations Providing VAN Services; a copy of the current valid Certificate of Recognition for Organizations Providing VAN Services; a report on operational status and reasons for changing the content of the Certificate of Recognition; details of the proposed changes and related documents.

3. Within thirty working days from the date of receipt of a valid application for changing the content of the Certificate of Recognition for Organizations Providing VAN Services, the specialized agency will review the application and conduct an on-site inspection if necessary. If the application for change still meets all the requirements stipulated in Clause 1 Point A Section V, the specialized agency will issue a new Certificate of Recognition for Organizations Providing VAN Services to the organization. In case the application for change does not meet all the requirements, the specialized agency will notify in writing and specify the reasons.

4. In case the Certificate of Recognition for Organizations Providing VAN Services is lost, torn, burned, or destroyed in other ways, the organization providing VAN services may apply for reissue. To obtain a reissued Certificate of Recognition for Organizations Providing VAN Services, the organization must submit a request specifying the reason for reissue to the specialized agency and pay the fee.

C. PROCEDURES FOR TEMPORARILY SUSPENDING THE ACTIVITY OF PROVIDING VAN SERVICES

1. Cases for temporary suspension

a) Organizations providing VAN services operate contrary to the purpose specified in the Certificate of Recognition for Organizations Providing VAN Services;

b) Failure to meet one of the conditions stipulated in Clause 1 Point A Section V of this Circular during the provision of services as mentioned in the service provision project registration dossier;

c) Pursuant to the decision of the Court or competent state authority.

2. Procedures for temporary suspension

a) When the competent authority responsible for state management and administrative penalties related to electronic transactions in the financial sector discovers that the organization providing VAN services has committed acts as specified in Subparagraph a, b Clause 1 Point D Section V, it shall prepare a violation record against the organization and transfer the dossier to the specialized agency for consideration and issuance of a decision to temporarily suspend the organization's activities.

b) Upon receiving the decision to temporarily suspend operations from the specialized agency, the Court, or the competent state authority, the organization providing VAN services must implement the following:

b1. Temporarily stop connecting to the electronic data processing system of the specialized agency;

b2. Not enter into new contracts for providing VAN services with service users;

b3. Immediately address the causes leading to the temporary suspension of VAN service provision activities;

b4. Handle other issues related to the provision of VAN services to service users and the specialized agency.

c) The specialized agency must notify the content of the temporary suspension on its website within one working day from the date of the decision to temporarily suspend.

d) Within three months from the date of suspension, if the organization providing VAN services rectifies the violations specified in Clause 1 Point C, the specialized agency will consider and issue a decision allowing resumption of operations. If the organization providing VAN services fails to rectify the violations, the suspension period will be extended by another three months. Beyond this period, if the organization providing VAN services fails to correct the violations, the Certificate of Recognition for Organizations Providing VAN Services will be revoked.

D. PROCEDURES FOR REVOKING THE CERTIFICATE OF RECOGNITION FOR PROVIDING VAN SERVICES

1. Cases for revocation

a) Forgery of documents or provision of inaccurate information in the registration dossier for the service provision project;

b) Failure to commence the provision of VAN services within twelve months from the date of issuance of the Certificate of Recognition for Organizations Providing VAN Services;

c) Committing prohibited acts as stipulated in Article 9 of the Law on Electronic Transactions;

d) Exceeding the prescribed time limit without rectifying the causes leading to suspension;

đ) Voluntary request for revocation of the Certificate of Recognition for Organizations Providing VAN Services;

e) Being dissolved as provided in Subpoint a, b, c Clause 1 Article 157 of the Enterprise Law dated November 29, 2005;

g) Revocation of the Business Registration Certificate or Investment Certificate/Investment License, or being declared bankrupt pursuant to a court decision.

2. Procedure for revoking the certificate of recognition for providing VAN services

2.1. For cases of revocation stipulated in Subpoint a, b, c, d Clause 1 Point D Section V of this Circular, the procedure shall be as follows:

a) When the competent authority responsible for state management and administrative penalties related to electronic transactions in financial activities discovers that the organization providing VAN services has committed violations, it shall prepare a violation record against the organization and transfer the dossier to the specialized agency for consideration and issuance of a decision to temporarily suspend the organization's activities.

b) Upon issuance of the decision to temporarily suspend the activity of providing VAN services, the organization must implement the following:

b1. Cease connecting to the electronic data processing system of the specialized agency;

b2. Not enter into new contracts for providing VAN services with service users;

b3. Within fifteen days from the date of the decision to temporarily suspend the activity, submit a written report to the specialized agency detailing solutions for handling issues related to terminating contracts with service users and data handling plans.

b4. Transfer all data and information retained during the provision of VAN services to the competent authority or transfer that data to another organization providing VAN services upon request of the service user and with the consent of the competent authority;

b5. Handle other issues related to the provision of VAN services with the service user and the competent authority at the request of the competent authority;

b6. Within thirty days, terminate the contents of contracts signed with the service users regarding the provision of VAN services;

c) Within five working days from when the organization providing VAN services completes the contract termination and resolves related issues, the competent authority shall issue a decision to revoke the Certificate of Recognition for the organization providing VAN services for that organization;

2.2. In the case provided for in sub-item đ Clause 1 Point D Section V of this Circular, the procedure for revocation shall be carried out as follows:

When the organization providing VAN services requests to stop the provision of VAN services and to revoke the Certificate of Recognition for providing VAN services, it must submit a request file to the competent authority for review.

a) The file includes the request for revoking the Certificate of Recognition for the organization providing VAN services as follows:

a1. A document requesting the temporary suspension of the provision of VAN services and the revocation of the Certificate of Recognition for the organization providing VAN services;

a2. The Certificate of Recognition for the organization providing VAN services (photocopy);

a3. An explanatory document stating the reasons for requesting the suspension of the provision of VAN services and the revocation of the Certificate of Recognition for the organization providing VAN services;

a4. A report on the operation status of the organization from the start of operations until the time of requesting the suspension of the provision of VAN services and the revocation of the Certificate of Recognition for the organization providing VAN services;

a5. A proposal regarding the content and time frame for resolving contract termination with service users, the plan for transferring data to the competent authority, and other related liquidation issues.

b) Acceptance

The application for revoking the Certificate of Recognition for the organization providing VAN services is submitted to the competent authority. If the file is complete and valid, the competent authority will issue a notification about accepting the file. In cases where acceptance is not granted, a written response will be issued to the organization, clearly stating the reasons.

c) Inspection and Revocation of the Certificate of Recognition for the Organization Providing VAN Services

After receiving the file, the competent authority will carry out the following tasks:

c1. Review the explanatory documents regarding the reasons for requesting the revocation of the Certificate of Recognition for the organization providing VAN services;

c2. Conduct inspections and verifications regarding the business operation process of the organization related to the cessation of the provision of VAN services;

c3. Issue a notice of acceptance and a decision to temporarily suspend the provision of VAN services, requiring the organization to implement the contents stipulated in sub-item b Clause 2 Point D Section V of this Circular;

c4. Within thirty days from the date of the decision to temporarily suspend the operation, the organization must complete all responsibilities and obligations towards service users and the competent authority.

c5) The competent authority will issue a decision to revoke the Certificate of Recognition for the organization providing VAN services after the organization has completed all legal responsibilities and obligations.

2.3. In the case provided for in sub-item e Clause 1 Point D Section V of this Circular, the procedure for revocation shall be carried out as follows:

a) Within seven days from the date of passing the dissolution decision, the organization must send the dissolution decision to the competent authority.

b) After receiving the dissolution decision from the organization, the competent authority will proceed as follows:

b.1. Require the organization to handle issues related to contract termination with service users, data handling plans; transfer all data and information retained during the provision of VAN services to the competent authority or transfer that data to another organization providing VAN services upon request of the service user and with the consent of the competent authority; report to the competent authority within five working days from the completion of the contents required by the competent authority;

b.2. Send a notification to the business registration authority informing them that the competent authority is proceeding with the procedure to revoke the Certificate of Recognition for the organization providing VAN services;

b.3. Issue a decision to revoke the Certificate of Recognition for the organization providing VAN services after the organization has completed the contents required.

2.4. In the case provided for in sub-item g Clause 1 Point D Section V of this Circular, the procedure for revocation shall be carried out as follows:

a) During the process of the competent state authorities conducting procedures to revoke the Business Registration Certificate or Investment Certificate/Investment License, or conducting bankruptcy proceedings, the organization providing VAN services is responsible for handling issues related to contract termination with service users, data handling; transfer all data and information retained during the provision of VAN services to the competent authority or transfer that data to another organization providing VAN services upon request of the service user and with the consent of the competent authority; report to the competent authority within five working days from the completion of the contents as prescribed;

b) In the event that the organization providing VAN services does not fulfill the obligations set forth in sub-item a Clause 2.4 Point D Section V of this Circular, after being revoked the Business Registration Certificate or Investment Certificate/Investment License by the competent authority, or declared bankrupt according to the court's decision; the legal representative, shareholders for a limited liability company, the owner for a single-member limited liability company, board members for a joint-stock company, and general partners for a limited partnership shall jointly bear responsibility for fulfilling the obligations set forth in sub-item a Clause 2.4 Point D Section V of this Circular;

c) The competent authority will issue a decision to revoke the certificate of recognition for providing VAN services upon receipt of the decision of the competent authority regarding the revocation of the Business Registration Certificate or Investment Certificate/Investment License, or declaring the bankruptcy of the organization;

d) Announce the decision to revoke the certification for providing VAN services

Within a maximum period of five working days from the date of the decision to revoke the Certificate of Service Provision Organization for VAN services, the competent authority shall notify the decision at its office and on its own website.

VI. CHARGES FOR USING VAN SERVICES

1. CONDITIONS FOR CHARGING FOR THE USE OF VAN SERVICES

A service provider of VAN services may charge for the use of such services only when it has an information technology system operating according to the technical solution proposal, completed the connection with the electronic data processing system of the competent authority, and been announced on the website of the competent authority.

2. MANAGEMENT OF CHARGES FOR USING VAN SERVICES

2.1. The user of the service and the service provider of VAN services have the right to negotiate and adjust the scope of service provision and the level of charges for using the service, which must be reflected in the contract between the parties.

2.2. The user of the service must pay the charges for using VAN services to the service provider of VAN services according to the agreement recorded in the contract.

2.3. Service providers of VAN services must comply with the following requirements:

a) Using invoices for collecting charges for using services in accordance with current regulations on the issuance, management, and use of sales invoices.

b) Service providers bear full responsibility for all income and expenditure activities of their units and ensure compliance with current accounting regulations.

c) Implementing other state regulations related to service charges.

VII. RELATIONSHIP BETWEEN THE SERVICE PROVIDER OF VAN SERVICES AND PARTNERS

1. The relationship between the service provider of VAN services and the user of VAN services is based on the contract for providing VAN services.

1.1 RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER OF VAN SERVICES

a) RIGHTS OF THE SERVICE PROVIDER OF VAN SERVICES

a1. Entering into a written contract with the user of the service regarding the provision and use of VAN services, wherein the responsibilities of the parties concerning the contents of electronic documents must be clearly defined.

a2. Having the right to refuse to provide VAN services to individuals or organizations that do not meet the conditions for participating in transactions or violate the contract.

a3. Collecting charges for using VAN services from the user of the service to ensure the operation of the service.

b) OBLIGATIONS OF THE SERVICE PROVIDER OF VAN SERVICES

b1. Publicly announcing the methods of operation and service quality on the organization's website introducing the service.

b2. Providing transmission and completion services for the form of electronic documents to facilitate information exchange between the user of the service and the competent authority.

b3. Timely and fully transmitting and providing electronic documents according to the agreements with the transaction participants.

b4. Retaining the results of transmissions and receptions and electronic documents during the uncompleted transaction period.

b5. Ensuring infrastructure connectivity; implementing control, security, safety, confidentiality, and integrity measures for information and providing other facilities for the exchange of electronic documents among participants.

b6. Notifying the user of the service and the competent authority thirty days prior to stopping the system for maintenance and measures to ensure the rights of the user of the service.

1.2 RIGHTS AND OBLIGATIONS OF THE USER OF THE SERVICE

a) RIGHTS OF THE USER OF THE SERVICE

a1. The user of the service has the right to choose service providers of VAN services recognized and announced on the website by the competent authority to sign contracts for providing VAN services.

a2. Having the right to use value-added services about electronic transactions in financial activities from the service provider of VAN services according to the contract signed between both parties.

a3. Being guaranteed by the service provider of VAN services to keep confidential the data and information of electronic transactions in financial activities, except where otherwise agreed.

b) OBLIGATIONS OF THE USER OF THE SERVICE

b1. Strictly complying with the terms signed in the contract with the service provider of VAN services;

b2. Creating favorable conditions for the service provider of VAN services to implement security measures;

b3. The user of the service bears legal responsibility for the contents initiated by themselves.

2. RELATIONSHIP BETWEEN THE SERVICE PROVIDER OF VAN SERVICES AND THE COMPETENT AUTHORITY

The service provider of VAN services is subject to the management of the competent authority in the provision of VAN services.

2.1 RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER OF VAN SERVICES

a) RIGHTS OF THE SERVICE PROVIDER OF VAN SERVICES

a1. Being permitted to connect to the electronic data processing system of the competent authority to provide value-added services in financial activities after the organization has been confirmed by the competent authority to meet the required conditions.

a2. Receiving support from the competent authority in specialized financial operations to carry out transactions between the user of the service and the competent authority;

a3. Cooperating with the competent authority to train users of the service to provide VAN services.

a4. Receiving support from the competent authority to resolve any issues or incidents arising during the provision of VAN services.

a5. Being provided with standard templates and formats by the competent authority to perform the provision of VAN services.

b) OBLIGATIONS OF THE SERVICE PROVIDER OF VAN SERVICES

b1. An organization granted a Certificate of Service Provision for VAN services can only connect and commence activities to provide VAN services to users after completing the construction of the information technology system and being inspected and confirmed by the competent authority.

b2. Providing complete information and data to authorized agencies upon request in accordance with the law.

b3. Adhering to current laws and regulations on telecommunications, the Internet, and technical and operational guidelines issued by the competent authority.

b4. Establishing a continuous, secure connection channel with the electronic data processing system of the competent authority. In case of any issues during the provision of value-added services for electronic transactions in financial activities, the VAN provider must proactively address them and inform the competent authority for coordination if the issue relates to the electronic data processing system of the competent authority.

b5. Implement the reporting regime of the organization providing VAN services to the specialized agency

The VAN organization is responsible for periodically reporting to the specialized agency every six months or on an ad hoc basis regarding its production, business, technical, and operational activities as required by the specialized agency, and bears responsibility for and can prove the accuracy and timeliness of the contents and figures reported.

2.2. Responsibilities of the specialized agency

a. Establish, maintain, and ensure the connection of the VAN system with the specialized agency implementing value-added services related to electronic transactions in financial activities.

b. Coordinate with organizations providing VAN services to organize specialized financial training sessions and be permitted to charge training fees.

c. Inspect the operations of organizations providing VAN services to ensure service quality and compliance with regulations.

Part III

IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

2. The specialized agency, Provincial Departments of Finance under central cities and relevant organizations are responsible for implementing this Circular.

3. In the course of implementation, if there are difficulties or obstacles, they should promptly reflect them to the Ministry of Finance for study and resolution./.