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Amendment of Decree 27: We need time to improve tools and institutions

Thu, 07 Sep 2017 16:24:37 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – The development of the revised Decree is facing some difficulties, especially in the propaganda of awareness from people to organizations and agencies to ensure the synchronism in implementation. It is difficult that need time for bodies to finalize tools and institutions.

Recently, the reform of administrative procedures, removing barriers for enterprises are paid attention and be resolutely directed to the implementation by the Government and Prime Minister. Up to now, this work has achieved some results. However, people and enterprises still complain about the annoying, troubles and delays in solving administrative procedures at this stage and at other stages in various agencies, discouraging investors as well as the enterprises community.  

In view of the above situation, the Ministry of Finance is proposing the development of a new decree to replace Decree 27/2007 / ND-CP on electronic transactions in the financial sector. With the aim of overcoming the limitations of the old decree, creating a favorable legal corridor for the implementation of electronic transactions in financial activities, contributing to the reform of administrative procedures, effectively implementing the one door and interconnected one door mechanisms, reducing the burden on enterprises, especially are small and medium enterprises ...

the workshop that was organized on September 6 for getting feedbacks on Draft Decree replacing Decree 27/2007 / ND-CP on e-transactions in the financial sector by the Vietnam Chamber of Commerce and Industry (VCCI) in collaboration with the Ministry of Finance was an opportunity for enterprises and related agencies to share difficulties and problems in the implementation of electronic transactions in this field, making practical contributions to the development of a new Decree and ensure the rationality and feasibility of the documents.

Still having thinking of paper documents:

Ms. Le Minh Chi, Head of Information Security Management, Department of Financial Informatics and Statistics (Ministry of Finance) presented the draft of development of Decree on behalf of the Drafting Committee to replace Decree 27, emphasizing the inadequate points, no longer in line with the current practice and legal system of Decree 27, as well as the proposed new amendments in the outline.

Specifically, according to the representative of the Drafting Committee, the unmodified provisions of Decree 27 inclined to traditional paper-based simulation in the electronic environment, but not yet bravely exploiting the advantages of electricity mode such as automated handling, manual manipulation and human intervention, limiting the effectiveness of electronic transactions in the financial sector.

According to Mr. Dinh Cong Hiep, Legal Department (Saigon-Hanoi Insurance Joint Stock Corporation), the legal system in general and the law in financial activities in particular are still influenced.by paper-based thinking. Outline proposed for amendments to Decree 27 has many new points, but there are still some unreasonable items. Specifically, in Section 7, this outline states: "Paper documents are electronically converted into image files (scan into image or PDF files). How can the status quo be understood? If the 'status quo' is included in the signature and the seal, while the company has provided digital signatures, it is a paper documents thinking, " Mr. Hiep said.

Not synchronism

Mr. Dinh Cong Hiep also said that according to Item c, Item 17, Chapter 3 of the outline, if only a number of units are listed, such as Ministry of Industry and Trade, Ministry of Transportation, Ministry of Public Security, Ministry of Department of Defense.. must not require agencies, organizations and individuals to present paper documents when conducting e-transactions, "so how will other units do? Do they still request to provide paper documents?”

Agreed with this point of view, economist Dang Thi Minh An said that in addition to the agencies listed in Section 17, when the company presented the electronic documents have already traded, the other management agencies also have to make access to the system to check, should not require enterprises to submit paper documents.

Mr. Dau Anh Tuan, Head of Legal Department of VCCI also said that one of the challenges of applying information technology in the financial sector is the uneven movement between different agencies. While still on the one hand to encourage enterprises to conduct electronic transactions, the application of information technology, e-transactions, electronic invoices ... of some agencies such as police, market management, border… are still limited and not matched movement, so they cause obstacles for enterprises?

For example, with shipments on the way, the authorities must have some ways to assess the legitimacy of the shipment, can not force enterprises to submit printed invoices that cause troubles.

Mr. Nguyen Viet Hung, deputy director of the Department of Financial Informatics and Statistics (MoF) said that the Draft Committee was aware of the "e-transactions with financial institutions" including many transactions: There are costs arisen, involving liability, but there are transactions that simply send the report to the authorities. "If these agencies still automatically require soft copies and signed scans and stamped papers, then I think that this is not necessary. We shall consider to take the scientific classification and strive to adopt the appropriate policies for each type of transaction. "

Mr. Nguyen Viet Hung shared, the development of the revised Decree is facing some difficulties, especially in the propaganda of awareness from people to organizations and agencies. It is difficult that need time for bodies to complete tools and institutions.

"The Ministry of Finance has anticipated this issue and shall listen to and receive comments to finalize the Decree, as well as the e-transaction guide for financial sectors is banking, insurance, securities, customs ... that close to reality and most feasible, “the representative of the Ministry of Finance said.

  • By : Thu Hương/Online Newspaper of the Government / Translator: HaiYen-Bizic

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