Quyết định 376/2003/QD-NHNN

DECISION

ON THE ISSUANCE OF THE REGULATION ON MAINTENANCE AND PRESERVATION OF ELECTRONIC VOUCHERS, WHICH HAVE BEEN USED FOR ACCOUNTING AND PAYMENT OF FUNDS BY PAYMENT SERVICE SUPPLIERS

THE GOVERNOR OF THE STATE BANK OF VIETNAM

- Pursuant to the Law on State Bank of Vietnam No. 01/1997/QH10 dated 12 December, 1997 and the Law on Credit Institutions No. 02/1997/QH10 dated 12 December, 1997;
- Pursuant to the Decree No. 86/2002/ND-CP dated 5 November, 2002 of the Government on the function, assignment, authority and organizational structure of Ministries and ministerial level agencies;
- Pursuant to the Decision No. 44/2002/QD-TTg dated 21 March, 2002 of the Prime Minister on the use of electronic vouchers as accounting vouchers for accounting and payment of funds by payment service suppliers;
- Upon the proposal of the Director of Finance - Accounting Department of the State Bank,

DECIDES:

Article 1. To issue in conjunction with this Decision "Regulation on the maintenance, preservation of electronic vouchers, which have been used for accounting, payment of funds by payment service suppliers".

Article 2. This Decision shall be effective after 15 days, from the date of publication in the Official Gazette and replace Part I, Section B of the Decision No. 308/QD-NH2 dated 16 September, 1997 of the State Bank's Governor on the issuance of the Regulation on the preparation, use, control, treatment, maintenance and preservation of electronic vouchers by banks and credit institutions.

Article 3. Director of Administrative Department, Director of Finance - Accounting Department, Director of the Banking Information Technology Department, Heads of the State Bank's units, General Managers of the State Bank branches in provinces, cities under the central Government's management, General Directors (Directors) of payment service suppliers shall be responsible for the implementation of this Decision.

REGULATIONS

ON THE MAINTENANCE, PRESERVATION OF ELECTRONIC VOUCHERS, WHICH HAVE BEEN USED FOR ACCOUNTING, PAYMENT OF FUNDS BY PAYMENT SERVICE SUPPLIERS.
(Issued in conjunction with the Decision No. 376/2003/QD-NHNN dated 22 April, 2003)

I. GENERAL PROVISIONS

Article 1. Governing Scope

This Decision shall provide for the maintenance, preservation of electronic vouchers, which have been used for accounting, payment of funds (hereinafter referred to as electronic vouchers) by payment service suppliers.

Article 2. Forms of maintenance, preservation of electronic vouchers

1. Electronic vouchers shall be maintained, preserved in form of paper (paper form of maintenance, preservation) or directly in form of electronic data by electronic, optical means or similar one (electronic data form of maintenance, preservation).

2. Payment service suppliers shall be entitled to select and apply any form of maintenance, preservation of electronic vouchers that is appropriate with specific characteristics of their payment activity and their technology applicability.

3. In respect of electronic vouchers that are related to law suits, disputes and law cases, which have been, being or not yet been judged; or subject to a preservation term of more than 20 (twenty) years (if any), the maintenance and preservation shall only be performed in paper form.

Article 4. Requirements of the maintenance, preservation of electronic vouchers

1. Requirements for electronic data to be preserved:

a. Electronic data to be preserved shall be original data, which have been used for accounting, payment of funds by payment service suppliers, or in usable form to exactly reflect accounting vouchers that have been used for accounting and payment of funds by payment service suppliers;

b. Electronic data shall ensure the integrity and completeness of accounting vouchers that they reflect, shall not be changed, distorted during the stipulated preservation time;

c. Electronic data shall be preserved in a proper manner, for a sufficient time in accordance with provisions on the preservation of accounting vouchers.

d. In case of need, electronic data in preservation shall be printable into paper in form of accounting vouchers.

2. Requirements for payment service suppliers in respect of their own maintenance and preservations of electronic data:

a. Payment service suppliers shall design a project on their maintenance, preservation of electronic data to submit to the Governor of the State Bank for approval prior to the maintenance and preservation of electronic data;

b. Payment service suppliers must possess sufficient machines, technical equipment and preservation space for electronic data and for the exploitation and utility of electronic data to be preserved in accordance with applicable provisions.

c. Payment service suppliers shall set up a technical process on the maintenance and preservation of electronic data.

Article 5. Transformation of the maintenance and preservation of electronic data

In case of need, payment service suppliers shall be entitled to transform the maintenance, preservation of electronic data from electronic data form of preservation into paper form of preservation. The transformation of the maintenance and preservation of electronic data shall be carried out in accordance with the provisions in Article 15 of this Decision.

Article 6. Acts to be strictly forbidden

1. To try to illegally exploit, access to and use or to intentionally lose, damage or counterfeit, change preserved electronic data.

2. To take advantage of the maintenance and preservation of electronic data to conceal acts of law violation.

II. SPECIFIC PROVISIONS ON THE MAINTENANCE AND PRESERVATION OF ELECTRONIC VOUCHERS

Article 7. Preservation place for electronic vouchers

1. Electronic vouchers shall be preserved in the payment service supplier where they are arisen.

2. Payment service suppliers may have their electronic vouchers preserved at an other payment service supplier, which performs the preservation of electronic vouchers, on the basis of a contract entered into by parties.

Article 8. Sorting, classification of electronic vouchers for preservation.

Electronic vouchers to be preserved shall be sorted, classified in order of their respective time of transaction, by types of operation and preservation term for each type of vouchers.

Article 9. Preservation term of electronic vouchers

1. Preservation term of electronic vouchers:

a. Electronic vouchers directly used for accounting book entry at payment service suppliers shall be preserved for 20 (twenty) years from the end of a financial/fiscal year or from the completion of final funds settlement by payment service suppliers;

b. Electronic vouchers, which are only used for the management, operation and control, reconciliation in funds payment activity of payment service suppliers, not directly used for accounting book entry, shall be preserved for 5 (five) years at the minimum from the end of a fiscal year or from the completion of final funds settlement by payment service suppliers;

c. In respect of electronic vouchers with expired preservation term, but relating to lawsuits, disputes and law cases, which have been, being or not yet been judged, the preservation term shall be in accordance with related provisions of applicable laws.

2. Director of Finance and Accounting Department shall be responsible for providing specific guidance on preservation term applicable to electronic vouchers used in the Inter-bank electronic payment organized by the State Bank and in electronic money transfer in the State Bank system.

Article 10. Sequence and procedures of accounting for the maintenance and preservation of electronic data.

1. Processing before electronic vouchers being put in preservation in electronic data form:

a. Electronic vouchers shall be controlled and reconciled with relevant processing, accounting steps in order to ensure the accuracy, coincidence and adequacy before being put in preservation.

In respect of electronic vouchers such as: Payment Order, Money transfer order and payment and transfer vouchers with the similar nature, which are originated directly from original paper vouchers (payment vouchers of customers or banks), accountants must verify, reconcile with original paper vouchers to ensure the coincidence, accuracy of relevant elements. Original paper vouchers, after verification, reconciliation with electronic vouchers, shall still be maintained, preserved in accordance with current provisions;

b. After verifying, reconciling the coincidence, accuracy, the accountant unit shall print it into the statement of electronic vouchers to be preserved (in accordance with the sample form attached to this Decision), this Statement must contain signature of the chief accountant or person in charge of accounting, accountant who is assigned the task of voucher maintenance and preservation, IT staff in charge of electronic vouchers maintenance, preservation (if any) and the seal of accounting unit.

2. Processing of electronic data shall be carried out in accordance with provisions stated in the technical process on maintenance, preservation of electronic data.

Article 11. The exploitation, provision and use of electronic vouchers in preservation, the dealing with electronic vouchers that get lost, damaged; the destroying of electronic vouchers with expired preservation term shall be performed in accordance with current provisions for preserved accounting vouchers.

Article 12. The project on the maintenance, preservation of electronic data by payment service suppliers.

1. The project on the maintenance, preservation of electronic data by payment service suppliers shall determine and specify following main contents:

a. Scope of maintenance, preservation of electronic data;

b. Solution on the organization of electronic data maintenance and preservation and security of electronic data to be preserved.

2. Payment service suppliers shall carry out the maintenance, preservation of electronic data in accordance with the project approved by the Governor of the State Bank; in case of any change, it must be reported to the State Bank (Banking Information Technology Department).

Article 13. Solution on the organization of electronic data maintenance and preservation and security of electronic data to be preserved by payment service suppliers shall contain following main contents:

1. The selection of technology including machines, technical equipment, database, application software and place for maintenance and preservation of electronic data.

2. The organization of the main preservation system and the back-up system for electronic data;

3. The regime on periodical examination of preserved electronic data.

4. Other necessary measures determined by the payment service suppliers for the safe, reasonable and scientific organization of the maintenance and preservation of electronic data; for the prevention, overcoming of such risks as illegal exploitation, access and use or loss, damage, falsification, change of preserved electronic data and other technical breakdowns.

Article 14. Technical process on maintenance, preservation of electronic data by payment service suppliers shall specifically provide for operation technique to:

1. Put electronic data into preservation;

2. Exploit, use preserved electronic data in accordance with current provisions;

3. Examine, supervise the safety of preserved electronic data.

4. Perform measures for risk prevention and overcoming in respect of preserved electronic data.

5. Destroy electronic data with expired preservation term.

6. Other contents relating to the technical treatment of electronic data maintenance and preservation.

Article 15. Transformation of maintenance, preservation form of electronic vouchers.

1. The transformation of maintenance and preservation form of electronic vouchers from electronic data preservation to paper preservation shall be performed in following cases:

a. The security of preserved electronic data is being threatened due to a force-majoer risk.

b. Due to any provision or requirement of the State competent authorities;

c. Due to any other objective or subjective reason, payment service suppliers can not continue satisfying requirements on maintenance and preservation of electronic data;

2. Procedures for transformation of maintenance and preservation form of electronic vouchers from electronic data preservation into paper preservation:

a. Payment service suppliers shall set up a committee for the transformation of electronic data. The committee shall consist of the General Director (Director) or person authorized by General Director (Director), Chief Accountant or person in charge of accounting, person who is assigned the task of electronic data maintenance, preservation and representative of relevant unit (if any). The committee shall have duty:

- To print preserved electronic data in form of accounting vouchers for control and reconciliation with the Statement of preserved electronic data (in accordance with the attached sample form). After that, to prepare a Minutes on the transformation of the form of electronic data preservation together with the Statement of transformed electronic data. In case where electronic data are discovered erroneous or insufficient or missing, the Committee shall process in accordance with current provisions on the treatment of accounting documents that get lost, destroyed.

- Paper accounting vouchers, which are transformed from preserved electronic data, shall be continuously preserved under the stipulated term (preservation term shall be calculated from the timing of electronic data preservation);

b. After the completion of the transformation of electronic vouchers maintenance and preservation, payment service suppliers shall report to the State Bank.

III. RESPONSIBILITIES OF ORGANIZATIONS, INDIVIDUALS IN THE MAINTENANCE, PRESERVATION OF ELECTRONIC VOUCHERS

Article 16. Banking Information technology Department shall be responsible:

1. To advise the State Bank's Governor on the management, organization of the electronic data maintenance and preservation in banking area.

2. To take the lead and cooperate with relevant units to deploy the application of technology to maintain, preserve electronic data in the inter-bank electronic payment organized by the State Bank and electronic money transfer in the system of the State Bank, including:

- Preparation of a program on electronic data maintenance and preservation to submit to the Governor of the State Bank for approval

- Issuance of the technical process on electronic data maintenance and preservation;

- Preparation and implementation of the electronic data maintenance and preservation under the program approved by the State Bank's Governor;

3. To appraise and submit to the Governor of the State Bank for approval the program on electronic data maintenance, preservation by other payment service suppliers.

Article 17. General Director (Director) or payment service suppliers that use electronic vouchers shall be responsible:

1. To organize and comply adequately with provisions and guidance by the State Bank on electronic vouchers maintenance and preservation in the inter-bank electronic payment organized by the State Bank.

2. To organize the maintenance and preservation of electronic vouchers in their own organization under applicable provisions.

3. To take responsibility before the laws for the safety, sufficiency and legality of electronic vouchers preserved at their organization.

Article 18. Responsibilities of organizations, individuals who are assigned the task of maintenance and preservation of electronic vouchers.

1. Organizations, individuals who are assigned the task of management and maintenance of preserved electronic vouchers shall be responsible for the security and exploitation, use of preserved electronic vouchers in accordance with applicable provisions.

2. To comply with provisions and guidance on management, maintenance of preserved electronic vouchers and take full responsibilities for the illegal exploitation, access, use or loss, damage, falsification, change of electronic vouchers and other technical breakdowns caused by themselves in respect of preserved electronic vouchers.

3. Persons who are assigned the task of maintenance, preservation of electronic vouchers, shall not permit any organization, individual to exploit, use preserved electronic vouchers, if they do not obtain the acceptance in writing from the Head of their organizations or authorized person. In case where electronic vouchers are in danger or discovered to be illegally exploited, accessed, used or got lost, damaged, counterfeited, fraudulently exchanged, changed and other technical breakdown, they shall be responsible for intermediately notice to the Head of their organization or authorized person for taking prompt measures of treatment.

IV. IMPLEMENTING PROVISIONS

Article 19. Organizations, individuals who violate this Regulation shall, depending on the nature, seriousness of violation, be subject to discipline, administrative punishment or prosecuted for criminal liability; and liable for compensation under provisions of applicable laws if material damage is caused.

Article 20. Any amendment of, supplement to this Regulation shall be decided upon by the Governor of the State Bank.

NAME OF PAYMENT SERVICE SUPPLIER
UNIT CODE: ...........

STATEMENT OF PRESERVED ELECTRONIC DATA

(Issued in conjunction with the Decision No. 376/2003/QD-NHNN dated 22 April, 2003 of the Governor of the State Bank)

Date.....................