Proposal to conduct litigation procedures in electronic environment at People's Court

(Chinhphu.vn) - The Supreme People's Court is drafting a Resolution of the Supreme People's Court's Council of Judges providing guidance on conducting litigation procedures in the electronic environment at the People's Court.

Agencies, organizations and individuals carry out litigation procedures on the Court's Electronic Information Portal through electronic identification accounts.

Conditions for participating in electronic transactions in litigation activities at Court

The Draft Resolution proposes: Agencies, organizations and individuals conducting electronic transactions in litigation activities at the Court must meet the following conditions:

1- Commit to implementing the electronic transaction procedures prescribed by the Supreme People's Court ;

2- Use electronic signatures or other forms of electronic confirmation to conduct electronic transactions in accordance with the provisions of law.

Forms of authentication to conduct electronic transactions in litigation activities at Court

The draft states: The use of other forms of confirmation by electronic means to express the signatory's approval of the data message other than an electronic signature as prescribed by the Supreme People's Court:

- Authentication by one-time password via SMS or mobile application, or other forms of authentication as prescribed by law;

- Authentication using secret key storage device achieves high level of security.

Using electronic signatures in litigation activities at Court

The draft stipulates that electronic signatures in litigation activities at Court include digital signatures and other types of electronic signatures as prescribed by law.

When conducting electronic transactions with agencies, organizations and individuals, the court must use electronic signatures issued by competent agencies and organizations.

The electronic signature used to execute has the same value as that individual's signature in a paper document.

Agencies, organizations, individuals and Courts are responsible for managing and using electronic signatures in accordance with the provisions of the Law on Electronic Transactions, this Resolution and relevant laws.

Register, log in and manage your account on the Court's Electronic Information Portal

The draft states: Agencies, organizations and individuals carry out legal proceedings on the Court's Electronic Information Portal through electronic identification accounts created by the electronic identification and authentication system connected and integrated on the Court's Electronic Information Portal.

Agencies, organizations and individuals registering for an account on the Court's Electronic Information Portal must provide identification information corresponding to the following registration methods:

- Applicable to individual accounts by registering for an electronic identification account of the Ministry of Public Security (VNeID) or other legal forms;

- Applicable to account registration of agencies and organizations: Through secret key storage devices or other legal forms.

Account login is done through the following methods:

- Use an electronic identification account including a username, password or other form of authentication created by the Ministry of Public Security's electronic identification and authentication system.

- Use a device that stores secret keys and combines authentication via a PIN code from the device.

Procedures for registering electronic transactions, changing and supplementing information and registering to stop electronic transactions

According to the draft, agencies, organizations and individuals log in to their accounts on the Online Public Service Portal, select and register for electronic transactions on the Online Public Service Portal.

Agencies, organizations and individuals log in to their accounts on the Online Public Service Portal to change and supplement registered information and send it to the Court via the Online Public Service Portal.

Agencies, organizations and individuals log into their accounts on the Online Public Service Portal to register to stop sending and receiving electronic data messages. From the time the Court accepts to suspend electronic transactions, agencies, organizations and individuals are not allowed to conduct electronic transactions according to the guidance of this Resolution. In case they request to re-register electronic transactions, they must carry out the registration procedure as for the first registration according to the above guidance.

Electronic transaction execution time 24/7

Draft proposal: Agencies, organizations and individuals are allowed to conduct electronic transactions 24 hours a day and 7 days a week, including weekends, holidays and Tet holidays.

The date of sending electronic data messages of agencies, organizations and individuals is determined as the date the Court's Electronic Information Portal confirms that it has received the electronic data messages sent by the agencies, organizations and individuals and can access them.

The date of issuance, delivery, or notification of an electronic data message is the date the Court's Electronic Information Portal confirms that the electronic data message has been successfully sent to the electronic transaction account of an agency, organization, or individual and is accessible, except in the case where the electronic transaction process has a problem with the Court's Electronic Information Portal's technical infrastructure system, the date of sending or receiving the electronic data message is determined to be the actual date the electronic data message is sent to the recipient's system. The time for calculating the time limit for litigation is the time when the electronic data message is entered into the electronic transaction account of the agency, organization, or individual and becomes accessible.

The draft clearly states that after sending and receiving electronic data messages, the Court will print a notice confirming successful electronic transactions to keep the case file.

Agencies, organizations, individuals, and courts that have successfully conducted electronic transactions according to the above instructions shall be considered to have submitted petitions, documents, evidence, and issued, served, and notified procedural documents to the correct addresses according to the provisions of procedural law.

Please read the full draft and give your comments here.

Phuong Nhi

Source: https://baochinhphu.vn/de-xuat-thuc-hien-thu-tuc-to-tung-tren-moi-truong-dien-tu-tai-toa-an-nhan-dan-102250807153909368.htm