Procedures for the Preparation, Drawing Up, Storage and Circulation of Electronic Documents in State and Local Government Institutions, and the Procedures by which Electronic Documents are Circulated between State and Local Government Institutions, or Between These Institutions and Natural Persons and Legal Persons

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The English language text of this document is unofficial translation and for information only.

Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of: 13 November 2007 (No. 1023) [shall come into force from 16 November 2007].
If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

Republic of Latvia
Cabinet of Ministers
Regulation No. 473
Adopted 28 June 2005

PROCEDURES FOR THE PREPARATION, DRAWING UP, STORAGE AND CIRCULATION OF ELECTRONIC DOCUMENTS IN STATE AND LOCAL GOVERNMENT INSTITUTIONS, AND THE PROCEDURES BY WHICH ELECTRONIC DOCUMENTS ARE CIRCULATED BETWEEN STATE AND LOCAL GOVERNMENT INSTITUTIONS, OR BETWEEN THESE INSTITUTIONS AND NATURAL PERSONS AND LEGAL PERSONS

Issued pursuant to
Section 6, Paragraph 2 of the
Electronic Documents Law

I. General Provisions

1. This Regulation prescribes the procedures for the preparation, drawing up, storage and circulation of electronic documents in State and local government institutions, and the procedures by which electronic documents are circulated between State and local government institutions, or between these institutions and natural persons and legal persons.

2. The preparation and drawing up, storage and circulation of electronic documents in State and local government institutions (hereinafter – institution) shall take place, observing the requirements that are specified in other regulatory enactments regarding the preparation, drawing up, storage and circulation of documents, if this Regulation do not prescribe otherwise.

3. If the parties have agreed in writing regarding the signing of electronic documents with an electronic signature, the requirements specified in Sub-paragraphs 5.4, 6.6, 7.7, 7.8, as well as Paragraphs 8 and 20 of this Regulation, need not be applied.

4. If documented information is not drawn up electronically, an institution does not have the duty to issue it electronically (except for cases, if this Regulation do not prescribe otherwise).

II. Preparation and Drawing Up of Electronic Documents

5. An electronic document that has been prepared by a natural person shall contain the following requisites:

5.1. the given name, surname, personal identity number, e-mail address (or several e-mail addresses, but not more than three), or other address of the place of residence of the electronic document signatory, to which he or she wishes to receive a response;

5.2. the addressee of the electronic document – the full name of the institution;

5.3. the name of the preparation place of the electronic document; and,

5.4. a secure electronic signature and time-stamp.

[13 November 2007]

6. An electronic document that has been prepared and drawn up by a legal person of private rights, shall contain the following requisites:

6.1. the full name of the legal person of private rights, registration number or tax payer registration code, legal address or e-mail address to which he or she wishes to receive a response;

6.2. addressee of the electronic document – the full name of the institution;

6.3. the name of the document type (except for letters);

6.4. the name of the place for document preparation, issuing, receipt or signature;

6.5. the given name, surname and position of the document signatory;

6.6. a secure electronic signature and time-stamp; and

6.7. the document number.

[13 November 2007]

7. An electronic document that has been prepared and drawn up by an institution shall contain the following requisites:

7.1. the full name of the institution, legal address, telephone number and official e-mail address;

7.2. the addressee of the electronic document – the full name of the addressee (for natural persons – the given name, surname, e-mail address);

7.3. the name of the document type (except for letters);

7.4. the name of the place for document preparation, issuing, receipt or signature;

7.5. the given name, surname and position of the document signatory;

7.6. the given name, surname, position, telephone number and e-mail address of the document compiler;

7.7. a secure electronic signature (except for the cases specified in Paragraphs 12 and 13 of this Regulation);

7.8. a time-stamp (except for the cases specified in Paragraphs 12 and 13 of this Regulation); and

7.9. the document number.

[13 November 2007]

8. The time of signing of an electronic document shall be the date and time of appending the time-stamp.

9. In the preparation and drawing up of electronic documents codes shall be used in accordance with the Latvian national standard LVS 8:1992+ A1:1993 “8 bit coded graphic character set for Baltic Sea region countries”.

10. The following file formats shall be used for an electronic document:

10.1. for a non-structured text – TXT;

10.2. for a structured text – RTF, SGML(XML);

10.3. for graphic information – JPEG, TIFF or PNG;

10.4. for vector graphics – CGM; and

10.5. for archived data – RAR, ZIP.

[13 November 2007]

11. If an institution uses file formats other than those referred to in Paragraph 10 of this Regulation, the institution shall indicate information regarding this on the Internet home page thereof or disclose by other means.

[13 November 2007]

12. An institution shall draw up a notice of document agreement or a mark regarding document agreement as a separate electronic document.

13. Official marks on a document shall be drawn up by an institution as a separate electronic document, by not applying the requirements specified in Paragraph 7 of this Regulation.

III. Circulation of Electronic Documents between State and Local Government Institutions or between these Institutions and Natural Persons and Legal Persons

14. The circulation of electronic documents shall be ensured by using at least one of the following carriers of electronic data:

14.1. electronic mail;

14.2. special on-line forms under the supervision of the institution;

14.3. 3.5” format disks;

14.4. compact disks (CD-R or CD-RW) and DVD disks; or

14.5 USB interface flash memory devices.

[13 November 2007]

15. In addition to the carriers of electronic data specified in Paragraph 14 of this Regulation, an institution may accept electronic documents that are submitted on other carriers of data, indicating information regarding this on its Internet home page or disclosing this by other means.

16. If an electronic document is sent using e-mail, it shall be sent in an e-mail message as an attached file to the official e-mail address that is indicated on the institution’s Internet home page, the institution’s form or in the document submitted by the author of the electronic document.

16.1 An institution may determine the total permitted size of the files attached to an e-mail message, which is not less than 10 megabytes, indicating information regarding this on the Internet home page thereof or disclosing it by other means.

[13 November 2007]

17. In the case specified in Sub-paragraph 14.1 of this Regulation, an institution shall register the date and time of receipt of an electronic document, the submitter and submitter’s e-mail address and within one working day shall send the submitter a notification regarding receipt of the electronic document to the e-mail address, from which the document was sent to the institution.

18. In the cases specified in Sub-paragraph 14.2 of this Regulation, an institution shall ensure the submitter the opportunity of checking the receipt of electronic documents by on-line accessibility.

19. If an electronic document is received by e-mail and it is not possible to read it, in the notification regarding the receipt of an electronic document, this shall be indicated accordingly and sent to the e-mail address, from which the document was sent to the institution.

20. If an electronic document is signed by an official whose rights of representation are not registered by the procedures specified by regulatory enactments that regulate the relevant fields, or a natural person, who is not the author of the electronic document, he or she shall also submit an electronic document that certifies the rights to represent the relevant person.

21. On receipt of an electronic document, an institution shall check whether the electronic signature is linked to the signatory.

22. If an electronic document is sent by e-mail or by using special on-line forms under the supervision of an institution, it shall be regarded that the addressee has received it within two working days after sending thereof. If disagreements arise, the institution shall prove that the electronic document has been sent. If the addressee declares that he or she has not received the electronic document, he or she must justify this declaration.

23. An institution shall register the information regarding an electronic document and the content thereof, in the information system regardless of its information carrier.

24. An institution shall register the date and time of sending or receiving an electronic document and the addressee of the electronic document.

IV. Storage of Electronic Documents in State and Local Government Institutions

25. An institution shall store an electronic document in order for it to be possible to be checked for integrity within the terms specified in accordance with the scheme for matters of appellation or classification.

26. Procedures for the storage of electronic documents shall be determined by the institution prior to the establishment of an appropriate information system.

27. An institution shall document the procedures for the storage of electronic documents.

28. Conditions for the storage and maintenance procedures shall be planned in order to protect the documents from unauthorised access, loss or destruction.

29. Security measures, duplication measures and methods for documents that contain information with restricted accessibility, shall be determined, observing the regulatory enactments that regulate the protection of information with restricted accessibility.

30. An institution, observing the requirements prescribed by regulatory enactments that regulate the relevant fields, shall determine access rights and restrictions, provided for in work with electronic documents.

31. Control of accessibility shall be ensured by determining the status of accessibility for documents and for persons, as well as in performing the registration of long-term utilisation of electronic documents.

 

Prime Minister                                                                                                A. Kalvītis

 

Minister for Justice                                                                                        S. Āboltiņa

Page last updated: June 11, 2013 06:27 PM