Decree No. 137/2024/ND-CP dated October 23, 2024 on e-transaction of state agencies and information system for e-transaction

THE GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ----------------
No. 137/2024/ND-CP	Hanoi, October 23, 2024

DECREE

ON E-TRANSACTIONS OF STATE AGENCIES AND INFORMATION SYSTEM FOR E-TRANSACTION

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Electronic Transactions dated June 22 of 2023;

At request of the Minister of Information and Communications;

The Government promulgates Decree on e-transaction of state agencies and information system for e-transaction.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes electronic transactions (e-transactions) of state agencies and information system for e-transaction including converting between physical document and data message; operation of state agencies on electronic environment; information system serving e-transactions; responsibilities of governing bodies of large-scale and very large-scale intermediate digital platforms for e-transactions and reliability of information systems for e-transactions.

Article 2. Regulated entities

This Decree applies to agencies, organizations, and individuals engaging in or related to e-transactions of state agencies and information system for e-transactions.

Article 3. Definitions

In this Decree, terms below are construed as follows:

1. Internal affair administration on electronic environment means when state agencies are partially or entirely in charge of internal affair administration within their functions and powers using electronic means.

2. Coordination on electronic environment means when state agencies are partially or entirely in charge of coordination activities within their functions and powers using electronic means.

3. Supervision and examination on electronic environment means when competent state agencies are partially or entirely in charge of supervision and examination activities within their jurisdiction, functions, and powers using electronic means.

4. Document management and coordination system means an information system developed primarily for managing, processing documents and dossiers, coordinating, operating, and monitoring task execution within state agencies on electronic environment.

5. Information system for coordination of state agencies means an information system developed for collecting, generating, consolidating, analyzing, storing, connecting, sharing, providing information and documents to assist in leadership, management in internal affair administration and decision-making process on the basis of digital data.

Chapter II

CONVERSION BETWEEN PHYSICAL DOCUMENTS AND DATA MESSAGE

Article 4. Conversion from physical document to data message

Data messages converted from physical documents shall meet all requirements under Clause 1 Article 12 of the Law on E-Transactions.

1. Requirements pertaining to special signs and other information under Point c Clause 1 Article 12 of the Law on E-Transactions:

a) Information on data messages converted from physical documents includes: special signs in texts depicting that data messages have been converted from physical documents, time of conversion, name of agencies, organizations, and individuals in charge of the conversion.

Within data messages converted from physical documents, agencies, organizations, and individuals may choose to display QR code or other code formats containing the aforementioned information to allow lookup and use of information via electronic means.

Details of special signs depicting data messages converted from physical documents shall conform to relevant provisions of the law.

b) Where the conversion serves notarization, certification of true copies, photocopies, or excerption, information in the data messages shall conform to regulations of the law pertaining to notarization, certification of true copies, and record management affairs;

c) Where documents that are processing results of administrative procedures are converted, special signs verifying conversion from physical documents to electronic documents according to Point c Clause 3 Article 25 Decree No. 45/2020/ND-CP dated April 8 of 2020 shall conform to Point a of this Clause.

2. Requirements pertaining to information system for converting physical document to data messages:

a) Physical documents are converted to data messages in a way that information integrity is preserved;

b) Special signals and other information on data messages compliant with Clause 1 of this Article shall be created;

c) Data messages are stored properly;

d) Cybersecuriy, information security are guaranteed as per the law;

dd) Where data messages are converted from physical documents in accordance with Point d Clause 1 Article 12 of the Law on E-Transactions, information system for the conversion must facilitate digital signature.

Article 5. Conversion to physical document from data message

Physical documents converted from data messages shall meet all requirements under Clause 2 Article 12 of the Law on E-Transactions.

1. Information to determine information system and governing body of the information system that generate, send, receive and store the original data message for searching under Point b Clause 2 Article 12 of the Law on E-Transactions:

a) Minimum information to determine information system and governing body of the information system that generate, send, receive and store the original data message for searching includes: name of information system, name of governing body of the information system;

b) Information that is used to access data messages on information system that generates, sends, receives and stores the data messages can be a complete link to the data messages on information system or special codes to access data messages via a search interface.

2. Requirements pertaining to special signs and other information under Point c Clause 2 Article 12 of the Law on E-Transactions:

a) Minimum information on physical documents converted from data messages includes: special signs in texts depicting that data messages have been converted from data messages, time of conversion, name of agencies, organizations, and individuals in charge of the conversion.

In respect of physical documents converted from data messages, agencies, organizations, and individuals may choose to display QR code or other encryption methods containing the aforementioned information to allow data messages created on information system to be searched via electronic means.

Details of special signs indicating that physical documents have been converted from data messages shall conform to applicable field-specific regulations of the law.

b) Where the conversion serves notarization, certification of true copies, photocopies, or excerption, information in the physical documents shall conform to regulations of the law pertaining to notarization, certification of true copies, and record management affairs;

c) Where dossiers and results of electronic administrative procedures are converted to physical documents in accordance with Article 18 of Decree No. 45/2020/ND-CP dated April 8 of 2020 of the Government, special signs and information on the physical documents shall conform to Point a of this Clause.

3. Requirements pertaining to information system for converting data messages to physical documents:

a) Original data messages to be converted are extracted from storage system and displayed in their entirety;

b) Distinct signs and other information are created on physical documents in accordance with Clause 2 of this Article;

c) Original data messages are converted to physical documents in their entirety.

Chapter III

OPERATION OF STATE AUTHORITIES ON ELECTRONIC ENVIRONMENT

Article 6. Transition of state authority operations to electronic environment

1. State authorities shall prioritize the following operations exclusively on electronic environment: public services; internal administration; coordination and operation; supervision, examination, and inspection in accordance with appropriate roadmaps and plans.

Where operations are related to state secrets, the transition shall conform to regulations of the law on state secret protection and cipher.

2. Develop plans for applying information technology and digital transformation to aid state authorities’ operations on electronic environment

a) Ministries, ministerial agencies, Governmental agencies (hereinafter referred to as “ministries and central departments”), People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People's Committees”) are responsible for developing, approving, and implementing 5-year plans and annual plans regarding application of information technology and digital transformation which include goals, tasks, and solutions for enabling operations of state authorities entirely on electronic environment, of which at include: public services; internal administration and coordination; supervision, examination, and inspection;

b) The Ministry of Information and Communications is responsible for guiding ministries, central departments, and provincial People’s Committees to develop 5-year plans and annual plans regarding application of information technology and digital transformation.

3. Basic requirements pertaining to information system and digital platforms accommodating operation of state authorities on electronic environment:

a) Comply with Vietnam’s e-Government Structure Framework and Ministerial, Provincial e-Government Structure Framework;

b) Ensure compatibility, connection, sharing, usability, and reusability of information and data;

c) Ensure accuracy, adequacy, integrity, accessibility, continuous and stable usability;

d) Information and data can be examined and verified for the purpose of reporting, bridging operation, and meeting other requirements of agencies, organizations, and individuals;

dd) Ensure capability for development, upgrade, and expansion;

e) Comply with requirements of the law pertaining to cyber information safety and security;

g) Meet other requirements of relevant law provisions.

4. Deployment of information technology application and digital platforms serving operations of state authorities on electronic environment shall be accompanied by administrative reforms of state authorities in order to renovate working, leadership, and operating methods based on data, increase document and dossier processing on electronic environment, improve efficiency and effectiveness of operations of state authorities; reduce costs and processing time.

Article 7. Reception and processing request of organizations, individuals on electronic environment

1. For the purpose of receiving and processing request of organizations and individuals on electronic environment, state authorities have the responsibility to:

a) receive and process request of organizations and individuals on electronic environment, unless otherwise specified by the laws. Where a request reception or processing is denied, reasons shall be provided for organizations and individuals;

b) establish communication channels on electronic environment and promulgate operating regulations on receiving, and processing request of organizations and individuals, unless otherwise specified by the laws;

c) notify processing results of request of organizations and individuals on electronic environment via electronic means, communication channels, unless otherwise specified by the laws or requested by organizations and individuals.

2. Communication channels of state authorities on electronic environment consist of:

a) Information channels and online public service channels according to regulations of the Government on provision of information and online public services of state authorities on electronic environment;

b) National public service portal;

c) Other communication channels according to relevant law provisions.

3. Online public service channels and National public service portal shall have sufficient connectivity and compatibility to allow users to use the services via electronic identification accounts created by electronic identification and verification system.

The use of login accounts in communication channels of state authorities on electronic environment shall conform to relevant law provisions.

Article 8 . Providing online public services and administrative procedures on electronic environment

1. Where administrative procedures and public administrative procedures are not prescribed by regulations of the law to be implemented on electronic means, regulations of the Government pertaining to administrative procedures on electronic environment and regulations of the Government pertaining to provision of information and online public services of state authorities on the internet unless otherwise prescribed by regulations of the law.

2. Public administrative procedures shall be provided online in their entirety by reviewing, restructuring the procedures, fulfilling quality requirements in accordance with regulations of the Government on administrative procedures on electronic environment, single-window, connected single-window regulations in administrative procedure processing and providing information, online public services on the internet.

3. State authorities are responsible for processing administrative procedures, providing online public services in their entirety where conditions for implementing the procedures via electronic means in their entirety are met. Where administrative procedures on electronic environment cannot be implemented entirely on electronic environment, state authorities must inform organizations and individuals.

4. Dossiers and results of administrative procedures shall be digitalized in accordance regulations of the Government on administrative procedures on electronic environment, single-window, connected single-window regulations in administrative procedure processing.

Results of administrative procedures of organizations and individuals shall be returned in accordance with relevant regulations of the law; electronic copies of results of administrative procedures shall be sent to electronic data storage of organizations and individuals in national identification application of the organizations and individuals. Where organizations and individuals apply for administrative procedures under authorization, storage of electronic results shall conform to authorization agreement.

Where results are sent in form of physical documents, competent authorities shall convert to data messages in accordance with Article 4 hereof and store in relevant information systems, databases under their management; conversion results shall be shared between state authorities and utilized as part of dossiers on administrative procedures in order to facilitate other public services and administrative procedures applied for by organizations and individuals.

5. Public services shall be reviewed and restructured in order to be provided to organizations and individuals via national public service portal, information system for ministry-level or provincial-level administrative procedures processing and website of public service providers in accordance with regulations of the Government on administrative procedures on electronic environment, single-window, connected single-window regulations in administrative procedure processing.

6. Ministries, ministerial agencies, Governmental agencies, provincial People’s Committees shall review, promulgate, and organize plans for providing public services under their management.

7. The Ministry of Information and Communications is responsible for maintaining, operating, upgrading, and maintaining information safety of system for supervising, monitoring provision and use level of digital Government services in order to supervise and monitor online public service provision; examine, assess implementation of interactive electronic forms in online public services and data connection, sharing between state authorities providing online public services.

8. The Office of the Government provide guidelines on reviewing and restructuring procedures so as to provide public services online in their entirety; evaluate service quality provided to organizations and individuals during provision of administrative procedures and public services of ministries, central departments, and provincial People’s Committees; maintain, operate, upgrade, and maintain information safety of system for evaluating general public and enterprise service quality indicators of national public service portal.

Article 9. Internal administration on electronic environment

1. Internal administration on electronic environment primarily consists of:

a) Process internal administrative procedures on electronic environment in: Planning; strategy; human resources; finance - accounting; record management affairs; assets; commendation - emulation; administration, and in other fields in accordance with regulations of the law or decisions of heads of agencies;

b) Comply with reporting and communication regulations on electronic environment;

c) Process documents and work dossiers on electronic environment;

d) Organize remote work and meetings via electronic environment.

2. Processing internal administrative procedures on electronic environment

State authorities are responsible for reviewing and restructuring internal administrative procedures in fields specified under Point a Clause 1 of this Article, prescribing clearly, adequately, and reasonably basic elements of administrative procedures in accordance with Clause 2 Article 8 of Decree No. 63/2010/ND-CP dated June 8 of 2010 of the Government amended by Decree No. 92/2017/ND-CP dated August 7 of 2017 of the Government to meet quality requirements under regulations of the Government on implementation of administrative procedures entirely on electronic environment.

Documents and results of internal administrative procedures shall be digitalized in accordance with regulations of the Government on administrative procedures on electronic environment. Where results of internal administrative procedures serving administration purposes are physical documents, state authorities shall convert to data messages in accordance with Article 4 hereof and store in relevant information systems, databases under their management; conversion results shall be shared among entities in state authorities, with relevant state authorities, and used for other internal administrative procedures serving internal administration.

3. Exercise reporting and communication regulations on electronic environment

State authorities are responsible for reviewing, standardizing reporting regulations, building, developing reporting information system in accordance with regulations of the Government on reporting regulations of administrative state authorities; implementing electronic reports in respect of internal reporting regulations; gradually shifting towards data-based real-time automatic reporting.

4. Process documents and work dossiers on electronic environment

a) State authorities shall prioritize processing documents and dossiers entirely on electronic environment except documents and dossiers containing state secrets; shall not simultaneously process documents and work dossiers on electronic environment and physical documents and work dossiers unless physical copies are required by regulations of the law;

b) Procedures for processing documents and work dossiers on electronic environment shall be designed in accordance with requirements, functions, tasks, organization structures of individual agencies and authorities so that monitoring, examination, and evaluation are possible; all steps in document and work dossier processing (reception, transfer for processing, creation, request for cooperation, submission for approval, orders of superiors, digital signature, document issuance, etc.) are implemented via document management and coordination system;

c) Information and data pertaining to progress and results of document and work dossier processing of ministries, central departments, and local governments shall, depending on tasks assigned by the Government or Prime Minister, be synchronized with information systems serving coordination and cooperation of the Government and Prime Minister via National document communication system in order to accommodate review, examination, and evaluation;

d) Electronic documents that are results of administrative procedures in accordance with regulations of the law on administrative procedures on electronic environment shall be synchronized from document management and coordination system and information system for ministry-level or provincial-level administrative procedure processing;

dd) Submission and reception of electronic documents containing state secrets shall conform to regulations of the law on cipher and state secret protection.

5. Organize remote work and meetings via electronic environment

a) State authorities shall choose solutions for adopting information technology and digital transformation to accommodate remote working and meeting on electronic environment appropriate to demands and practical conditions of state authorities;

b) During remote working and meeting, state authorities are responsible for providing adequate equipment and conditions for officials, public officials, public employees in accordance with regulations on standards and equipment of state authorities.

6. Information systems serving internal administration of state authorities shall meet all basic technical conditions under Clause 3 Article 6 hereof, have adequate connection, integration, and sharing capabilities with other systems within state authorities in order to perform internal administration affairs entirely on electronic environment; accept identification accounts as a method for logging in, utilizing, using internal information system of state authorities.

Article 10. Coordination and operation on electronic environment

1. Heads of state authorities are responsible for coordinating, operating on electronic environment and relying primarily on information and data; direct entities and individuals under their management to consult, handle work entirely on electronic environment, unless otherwise stipulated by regulations of the law.

2. For the purpose of coordinating and operating on electronic environment, ministries, ministerial agencies, and provincial People’s Committees have the responsibility to:

a) develop and issue aggregate governance indicator on electronic environment in accordance with Clause 3 of this Article in a manner that adheres to demand, resources, and availability of information system, database;

b) implement information system for ministry-level, provincial-level coordination and operation which collects, generates, consolidates, analyzes, processes, stores, connects, shares information and data with information system for coordination and operation of the Government, Prime Minister in accordance with regulations of the law and instructions of Office of the Government; connect, share information and data with information system for coordination and operation of other ministries, central departments, provincial People’s Committees at request; assume responsibility for adequacy, integrity, accuracy, punctuation, cyber safety, cyber security of information and data provided, and fulfill requirements under Clause 6 of this Article;

c) develop, share list of common data for use throughout information systems and databases so as to facilitate integration, exchange, sharing, connection of data on electronic environment and coordination, operation;

d) develop and promulgate regulation on operation, use, connection, integration, sharing, reception of information and data for coordination, operation on electronic environment.

3. Governance indicators of state authority

a) Governance indicators of the Government, Prime Minister, including: daily, monthly governance indicators pertaining to socio-economic situations; monitoring, supervisory indicators for implementation of national target programs, projects of national importance; indicators for online coordination, operation, integration during emergencies such as natural disasters, diseases, natural disaster responses, search and rescue; indicators under irregular request of the Government, Prime Minister;

b) Governance indicators of heads of ministries and central departments, including: daily, monthly governance indicators of heads of ministries and central departments; monitoring, supervisory indicators for implementation of national target programs, projects of national importance; indicators for online coordination, operation, integration during emergencies such as natural disasters, diseases, natural disaster responses, search and rescue;

c) Governance indicators of heads of provincial People‘s Committees, including: daily, monthly governance indicators for socio-economic situations; monitoring, supervisory indicators for implementation of national target programs, projects of national importance; indicators for online coordination, operation, integration during emergencies such as natural disasters, diseases, natural disaster responses, search and rescue and province-specific indicators; monitoring, supervisory indicators for implementation of goals assigned under Resolutions of People’s Councils of provinces on an annual or 5-yearly basis; monitoring, supervisory indicators for implementation of tasks assigned by the Government, Prime Minister on a monthly, quarterly, annual basis;

d) Indicators under Point a through Point c of this Clause shall be flexible, adjusted to conform to practical situations and promptly, entirely comply with demands in management, coordination, operation on electronic environment of Government, Prime Minister, heads of ministries, central departments, local governments. Other state authorities shall, on the basis of practical demands and availability of information system, database, and resources, select and develop their own governance indicators so as to implement coordination and operation activities on electronic environment.

4. In principle, development of governance indicators shall be:

a) Appropriate and reflective of criteria, goals of strategies, programs, plans for socio-economic development; national target programs, projects, structures of national importance; tasks assigned by the Government, Prime Minister, functions, powers, tasks of state authorities;

b) Allowing information and data of each indicator be collected on a regular basis from one source depending on state management capability; inheriting and exhausting information, data from existing information systems, databases; connecting, sharing, and reusing in a unified manner from central to local government;

c) Allowing governance indicators to be consistent with information, statistical data, and other reporting regulations so as to adequately reflect situations or fields in which the indicators are used for supervision and evaluation;

d) Ensuring that each indicator is designed to effectively measure, evaluate results of agencies, organizations, individuals; be accompanied by calculation methods, unit of measurement; be accompanied by clear description of attributes, primary groupings, data period, data source, and comparability.

5. Criteria for selecting, determining governance indicators of state authorities

Governance indicators that meet any of the following criteria will be selected:

a) Indicators that play decisive roles in implementation results of important, priority goals, tasks of Government, Prime Minister, ministries, central departments, provincial People’s Committees;

b) Indicators that can help analyze, forecast trend, evaluate completion rating of goals, tasks, propose solutions for issues and complaints in order to fulfill tasks at hand;

c) Indicators that reflect activities or goals of coordination and operation; are qualitative in nature, measureable, limited in timeframe for measurement purposes; can be observed, recorded, verified, and reflective of progress of assigned tasks and goals;

d) Indicators that are provided in short, consecutive burst or on a daily, weekly, monthly basis and suitable with coordination and operation purposes; connected and automatically shared among information systems, databases relevant to implementation of tasks and goals;

dd) Indicators that are a part of calculation of relevant statistics.

6. Information system for coordination and operation of state authorities shall meet basic requirements under Clause 3 Article 6 hereof; connect with National document communication system, national platform for data integration and sharing, system for managing and monitoring tasks assigned by the Government and Prime Minister, and other data connection, sharing platforms as per the law; connect, share data with national databases, field-specific databases, other information systems (including internal information system) to assist in coordination, operation, and decision-making process; perform functions such as: data collection, update, storage, processing, and analysis; monitor, supervise, and evaluate task, goal implementation process; assist in online coordination and operation at location; control information and data quality; perform basic functions of reporting information system as per the law and other functions depending on coordination and operation demands.

Encourage study and gradual adoption of advanced, modern technology solutions so as to improve analysis, decision-making, and forecast quality in coordination, operation of Government and Prime Minister.

Article 11. Responsibilities for maintaining digital information and data for coordination, leadership, operation of Government and Prime Minister

1. Office of the Government has the responsibility to:

a) develop aggregate governance indicators for Government and Prime Minister on electronic environment based on Point a Clause 3, Clause 4, Clause 5 Article 10 hereof;

b) take charge, coordinate, expedite, provide professional guidelines within their functions and tasks; develop demands and functionalities to develop reporting information system of the Government, coordination and operation information system of the Government, Prime Minister at national data center satisfactory to indicators under Point a Clause 1 of this Article;

c) develop task monitoring system for tasks assigned by Government and Prime Minister, meeting and task handling system for tasks of Government and Prime Minister in order to monitor, evaluate, and supervise tasks based on digital data;

d) take charge, cooperate with ministries, central departments, provincial People’s Committees, relevant agencies, and organizations in dispatching, connecting, integrating, sharing information between information systems for coordination and operation of Government and Prime Minister with information systems, databases of ministries, central departments, provincial People’s Committees so as to assist in leadership, coordination, operation process of Government, Prime Minister as per the law; supervise, assess quality of information and data connected, integrated for coordination of Government and Prime Minister;

dd) take charge and cooperate with ministries, central departments, provincial People’s Committees in guiding, implementing, and supervising submission, reception of electronic documents, and task handling on electronic environment;

e) take charge and cooperate with Ministry of Information and Communications, Ministry of National Defense, and Ministry of Public Security in adopting solutions for supervising and maintaining cyber information security, cyber security of information systems serving coordination and operation of Government and Prime Minister;

g) develop technical regulations on data structure, data format, regulations and procedures for sharing data for data connection, integration, sharing between information systems for coordination and operation of Government, Prime Minister and information systems for coordination and operation of ministries, central departments, provincial People’s Committees assisting coordination and operation of state administrative authorities on electronic environment.

2. The Ministry of Information and Communications has the responsibility to:

a) cooperate with Office of the Government in guiding ministries, central department, and provincial People’s Committees in developing information system for coordination and operation and connecting with information system for coordination and operation of Government and Prime Minister;

b) cooperate with Office of the Government, Ministry of National Defense, and Ministry of Public Security in adopting solutions for supervising, maintaining cyber information safety for information system for coordination and operation of Government, Prime Minister; guiding ministries, ministerial agencies, and provincial People’s Committees in maintaining cyber information safety for information system for coordination and operation of ministries, central departments, and provincial People's Committees.

3. Ministries, central departments, provincial People’s Committees have the responsibility to:

a) implement document management and coordination system, connect to national document communication system and system for managing and monitoring tasks assigned by Government and Prime Minister and internal systems of ministries, central departments, and local governments to ensure entirely online, data-based coordination and operation;

b) take charge and cooperate with Office of the Government in developing scenario for coordination and operation of Government and Prime Minister depending on assigned tasks; prepare infrastructures, technology, and data for connection and data sharing with information system for coordination and operation of Government and Prime Minister.

Article 12. Supervision and examination on electronic environment

1. Ministries, central departments, and provincial People’s Committees, within their power, have the responsibility to:

a) review, simplify supervision and examination procedures; develop supervision and examination procedures on electronic environment;

b) provide guidelines and implement supervision, examination on electronic environment within fields, administrative divisions of their powers;

c) develop digital platforms, technical instruments serving supervision, examination on electronic environment within their powers.

2. Organizations and individuals have the responsibility to comply with supervision and examination on electronic environment of competent authority.

Article 13. Solutions in case of emergencies, interruptions of activities on online environment and solutions for remediating, rectifying issues, maintaining normal operations

1. Governing bodies of information systems for e-transactions in state authority shall be ready to take necessary actions in case of emergencies or interruption to activities on online environment and implement solutions for remediating, rectifying issues, maintaining normal operations as per cyber information safety laws.

2. Solutions and actions under Clause 1 of this Article consist of cyber information safety laws and provisions below:

a) Back up data so as to restore information systems serving e-transactions to normal operations in case of cyber attacks and serve cyber attack response and investigation;

b) Be ready to rapidly store information systems serving e-transactions to normal operation in case of issues as soon as possible to minimize impact, damage or in accordance with professional requirement, commitment between governing bodies of information system and parties to transaction;

c) Promptly notify cyber information safety authority and users in case of emergencies, interruptions to operation of information systems serving e-transactions.

Article 14. Hiring experts using state budget

1. For the purpose of consulting database development; conducting professional activities pertaining to management, operation, assurance of cyber information safety of information systems serving e-transactions, state authorities may hire experts of appropriate expertise.

2. Experts shall be hired on the following principles:

a) Experts shall be selected via specific criteria appropriate to each job;

b) Experts shall be hired on a contractual basis;

c) Each expert may be in charge of one or multiple activities provided under Clause 1 of this Article.

3. Experts hired in accordance with this Article shall:

a) receive remuneration as per contract agreement;

b) be provided with relevant information during performance of their duties detailed in the contract;

c) receive financial support for expenses on domestic conferences and seminars appropriate to the job detailed in the contract at a rate stipulated by applicable provisions of the law;

d) have the right to propose methods for executing jobs detailed under the contract appropriate to their expertise.

4. Remuneration and allowances for expert:

a) Remuneration and allowances for experts shall be funded by state budget of appropriate level or other legitimate funding sources (if any);

b) Remuneration shall be paid at a rate defined under contract signed with experts in accordance with job quality, quantity, and duration requirements;

c) Payment and settlement of remuneration, allowances for expert shall conform to regulations of the law and assessment of job results.

5. Contract price for hiring experts for jobs detailed under Clause 1 of this Article shall conform to regulations of Ministry of Labor - War Invalids and Social Affairs for salaries for domestic consulting experts and regulations of Ministry of Finance for budget expenditure on hiring domestic and foreign experts.

Chapter IV

INFORMATION SYSTEM SERVING E-TRANSACTIONS

Article 15. Classification of information systems serving e-transactions by governing bodies

1. Governing bodies of information system serving e-transactions shall be agencies, organizations, and individuals having direct authority over the information system.

2. Information systems serving e-transactions shall be classified by their governing bodies, including:

a) Governing bodies that are state agencies, organizations;

b) Governing bodies that are organizations, enterprises;

c) Governing bodies that are individuals.

3. Determine governing bodies of information systems serving e-transactions

a) For state agencies and organizations, governing bodies of information systems serving e-transactions shall be ministries, ministerial agencies, Governmental agencies, provincial People’s Committees or competent authority approving project investment guidelines or issuing decisions hiring services for configuration, upgrade, expansion of the information systems;

b) For enterprises and organizations other than those under Point a of this Clause, governing bodies of information systems serving e-transactions shall be competent authority approving project investment guidelines issuing decisions hiring services for configuration, upgrade, expansion of the information systems;

c) For individuals, governing bodies of information systems serving e-transactions can be determined by the following information, in part or in whole: information on storage rental service contract (web); information on domain name registration of website or accounts issuing mobile applications on application store.

Article 16. Classification of information systems serving e-transactions by functionalities

1. Information systems serving e-transactions whose primary functionalities permit: issuance and verification of e-transaction accounts; signing of electronic contracts or implementation of legal actions that unilaterally create, alter, or terminate rights and obligations of relevant parties via electronic means, shall be classified as follows:

a) Processing internal administrative procedures on electronic environment;

b) Commencing e-transactions in commercial activities;

c) Commencing e-transactions in financial activities;

d) Commencing e-transactions in banking activities;

dd) Commencing e-transactions in other activities.

2. Ministers, ministerial agencies, Chairpersons of provincial People’s Committees shall promulgate or request competent authority to promulgate regulation on signing and executing electronic contracts; information systems serving e-transactions within their tasks and powers depending on practical situations.

Article 17. Classification of information systems for e-transactions by user count

1. A person is considered a user of an information system for e-transaction when he/she: logs in, accesses information, or uses services on the information system.

2. Large-scale information system for e-transaction means an information whose average monthly user count in Vietnam accounts for 3% to 10% of total population according to the latest official data published by competent authority.

3. Very large-scale information system for e-transaction means an information whose average monthly user count in Vietnam exceeds 10% of total population according to the latest official data published by competent authority.

4. Data used in the determination of scale of information systems for e-transactions under Clause 2 and Clause 3 of this Article shall be the arithmetic mean of users on the platform in the last 12 months.

5. The Ministry of Information and Communications shall evaluate, study, propose amendment and addition to classification of information systems for e-transactions from time to time.

Article 18. Determination of very large-scale and large-scale intermediate digital platforms for e-transaction

1. Classification of intermediate digital platforms for e-transactions by user count:

a) Large-scale intermediate digital platform for e-transaction means an information system detailed under Clause 2 Article 17 hereof that creates an electronic environment that permits the parties to transact or provide, use products, services or develop products, services and where the governing body is separate from the parties to the transaction;

b) Very large-scale intermediate digital platform for e-transaction means an information system detailed under Clause 3 Article 17 hereof that creates an electronic environment that permits the parties to transact or provide, use products, services or develop products, services and where the governing body is separate from the parties to the transaction.

2. Governing bodies of intermediate digital platforms for e-transactions shall determine user count as follows:

a) Within 12 months from the effective date hereof, governing bodies of intermediate digital platforms for e-transaction that have been in operation for at least 12 months shall be responsible for determining user count at their own discretion.

b) Governing bodies of intermediate digital platforms for e-transaction shall be responsible for determining user count at their own discretion on a periodic basis before the January 31 of each year following the year in which they determine user count for the first time.

Where an intermediate digital platform qualifies for large-scale or very large-scale intermediate digital platform, its governing body shall report and provide data for state authority.

3. State authorities are responsible for receiving reports sent by governing bodies of intermediate digital platforms for e-transaction; consolidate and share data serving e-transaction governance as per the law within their functions, tasks, and powers.

4. The Ministry of Information and Communications has the responsibility to:

a) establish and operate the System for receiving and consolidating data for e-transaction governance of state authorities as per the law. Configuration, operation, functionalities of the System and technical provisions pertaining to connection reference model serving data sharing via electronic means in accordance with regulations of the Ministry of Information and Communications;

b) receive, consolidate data for e-transaction governance of state authorities; publish and prepare list of large-scale and very large-scale intermediate digital platforms for e-transactions at www.mic.gov.vn or at website of the System for receiving and consolidating data for e-transaction governance of state authorities;

c) take charge, cooperate with ministries, central departments and relevant organizations in developing criteria, evaluating, publishing list of independent tools for measurement, statistics of active users on intermediate platforms for e-transactions; or reliable data sources for determining scale of intermediate digital platforms.

Article 19. Responsibilities of governing bodies of large-scale intermediate digital platforms for e-transactions

Governing bodies of large-scale intermediate digital platforms for e-transactions shall have responsibilities detailed under Clause 2 Article 47 of the Law on E-Transactions.

1. In respect of responsibility for publicly disclosing and disseminating regulations for reporting and handling problems arising in e-transaction under Point b Clause 2 Article 47:

a) In respect of regulations on reporting and handling problems on intermediate digital platforms and ensuring accessibility for users. Disclosed information shall be displayed in Vietnamese and may be accompanied by translations in other languages.

Governing bodies of intermediate digital platforms and users shall agree on methods for receiving information among popular communication channels such as: websites, email, mobile applications, or other channels;

b) Regulations on reporting and handling problems must include: receiving information pertaining to problems encountered by users, including technical difficulties, complaints, disputes between parties to the transaction and other problems; sending notice to relevant accounts before handling; providing information for users affected as a result of the problems and solutions; informing resolution results; providing contact in Vietnam of governing bodies of intermediate digital platforms responsible for handling problems;

c) Details of regulations on reporting and handling problems under Point b of this Clause shall be updated and provided for users in case of change via popular communication channels under Point a of this Clause.

2. In respect of responsibility for publicly disclosing and disseminating regulations on reporting and handling contents that violate Vietnamese laws on digital platforms from reliable feedbacks under Point c Clause 2 Article 47:

a) Regarding provisions regarding publicly disclosing regulations on reporting and handling contents that violate Vietnamese laws on digital platforms from reliable sources and ensuring easy accessibility for users. Disclosed information shall be displayed in Vietnamese and may be accompanied by translations in other languages.

Governing bodies of intermediate digital platforms and users shall agree on methods for receiving information among popular communication channels such as: websites, email, mobile applications, or other channels;

b) Reliable report sources are those provided by competent authorities for the purpose of facilitating investigation and handling information that violates the law; other sources determined by governing bodies of digital platforms;

c) Regulations on reporting and handling contents violating regulations of the law include at least: providing information relating to violation, details, violating entities for competent authorities at request; sending warning to accounts with signs of violations of the law before handling; providing individuals affected by information violating regulations of the law with information and solutions; contact information of governing bodies of intermediate digital platforms in Vietnam responsible for handling information violating regulations of the law;

d) Regulations on reporting and handling contents violating regulations of the law under Point c of this Clause shall be updated and notified to users when changed via popular communication channels under Point a of this Clause.

3. In respect of provisions pertaining to listing active users on a monthly basis: provide information in accordance with Point b Clause 1 Article 47 of the Law on E-transactions via the System for receiving and consolidating data for e-transaction governance or other electronic means under guidelines of the Ministry of Information and Communications before January 31 each year; assume responsibility for accuracy of information that they provide.

Article 20. Responsibilities of governing bodies of very large-scale intermediate digital platforms for e-transactions

Governing bodies of very large-scale intermediate digital platforms for e-transactions shall have responsibilities detailed under Clause 3 Article 47 of the Law on E-Transactions and Article 19 hereof.

1. In respect of responsibility under Point b Clause 3 Article 47 of the Law on E-Transactions:

a) Regarding provisions pertaining to publicly posting general rules, parameters, or criteria for recommending details, advertisements to users on intermediate digital platforms, ensuring easy accessibility. Disclosed information shall be displayed in Vietnamese and may be accompanied by translations in other languages. Governing bodies of intermediate digital platforms and users shall agree on methods for receiving information among popular communication channels such as: websites, mobile applications, or other channels.

Where a digital platform accommodates a search functions and prioritizes search results, criteria determining prioritized search results must be publicly posted;

b) Regarding provisions pertaining to allowing users to opt out of recommendation about details, advertisements based on user information analysis.

Where users opt out of recommendation about details, advertisements based on user information analysis, governing bodies of digital platforms shall inform users about how to change user’s information access; must not automatically alter selection made by the users without their consent.

2. In respect of responsibility under Point d Clause 3 Article 47 of the Law on E-Transactions:

a) Regarding provisions pertaining to publicly posting and popularizing code of conduct applicable to relevant parties and allowing easy accessibility. The code of conduct shall publicly posted in Vietnamese and may be accompanied by translations in other languages.

The code of conduct shall be updated and sent to relevant parties in case of changes via popular communication channels such as: email, website, mobile applications, or other communication channels;

b) The general code of conduct are communication and behavioral principles on the intermediate digital platforms for e-transactions developed by the governing bodies and issued to maintain healthy, non-discriminatory, and safe environment for participating parties, restrict misconducts or violations of the law in e-transactions;

c) Development of the code of conducts must adhere to relevant law provisions and ensure rights and benefits of transaction parties;

d) Governing bodies of very large-scale intermediate digital platforms are advised to develop and publicly post code of conducts so as to enable people with disabilities and other disadvantaged persons to engage in e-transactions conveniently and non-discriminatorily.

Article 21. Reliability

1. Reliability means verification that an information system for e-transaction satisfies criteria under Clause 2 of this Article.

2. Reliability criteria of information systems for e-transaction include:

a) Compliance with regulations of the law pertaining to level-based information safety;

b) Commitment to only collect and store personal data if users agree, unless otherwise stipulated by regulations of the law;

c) User's data sent from accessing devices to website shall be encrypted by safe algorithm and provided by trusted third party;

d) Domain name and server address of website is not under list of unsafe websites stipulated by the Ministry of Information and Communications at www.tinnhiemmang.gov.vn;

dd) The website does not contain any harmful links, malware, fraudulent information, or information violating regulations of the law;

e) Public contact information for reporting and handling of information safety issues.

3. Governing bodies of information systems for e-transactions are encouraged to study, evaluate, and declare fulfillment of reliability criteria at their discretion.

Chapter V

IMPLEMENTATION

Article 22. Entry into force

1. This Decree comes into force from the date of signing except for cases detailed under Article 23 hereof.

2. Annul Article 25 of Decree No. 64/2007/ND-CP dated April 10 of 2007 of the Government.

Article 23. Transition clause

Information systems for conversion of legal documents in accordance with relevant law provisions shall be reviewed and satisfactory to Clause 2 Article 4 and Clause 4 Article 5 hereof within 24 months from the effective date hereof.

Article 24. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of provincial People's Committees, and relevant organizations, individuals shall be responsible for the implementation of this Decree./.

ON BEHALF OF THE GOVERNMENT PP. PRIME MINISTER DEPUTY PRIME MINISTER Nguyen Hoa Binh