Nghị định 130/2018/NĐ-CP hướng dẫn Luật Giao dịch điện tử về chữ ký số và dịch vụ chứng thực chữ ký số

THE GOVERNMENT --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness -------------------
No. 130/2018/ND-CP	Hanoi, September 27, 2018

 

DECREE

ON GUIDELINES FOR OF THE LAW ON E-TRANSACTIONS OF DIGITAL SIGNATURES AND DIGITAL SIGNATURE AUTHENTICATION

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on E-Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Fees and Charges dated November 25, 2015;

At the proposal of the Minister of Information and Communications;

The Government promulgates a Decree on guidelines for of the Law on E-Transactions of digital signatures and digital signature authentication.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides guidelines for digital signatures and digital certificates, the management, provision, and use of digital signatures, digital certificates and digital signature authentication.

Article 2. Regulated entities

This Decree shall apply to entities managing and providing digital signature authentication and entities using digital signatures, digital certificates and digital signature  certification services in electronic transactions.

Article 3. Interpretation of terms

For the purposes of this Decree, these terms below shall be construed as follows:

1. "Key" means a string of binary digits (0 and 1) used in the cryptographic system.

2. "Asymmetric cryptography " means any cryptographic system which is capable of creating pairs of keys: private key and public key.

3. "Private Key" means a key in the key pair of the asymmetric cryptography, used to create digital signatures.

4. "Public key" means a key in the key pair of the asymmetric cryptography, used to verify digital signatures created by the corresponding private key in the key pair.

5. "Digital signing" means the putting the private key into a software program to automatically generate and add digital signatures to data messages.

6. "Digital signature" means a form of electronic signature created by the transformation of a data message using an asymmetric cryptography in which those who have initial data messages and the public key of the signer can be determined exactly:

a) The above transformation is created by the correct private key corresponding to public key in the same key pair;

b) The integrity of the content of data messages since the implementation of the mentioned above transformation.

7. "Digital certificate" means a form of electronic certificate granted by a certification authority to provide identity for the public key of an entity to certify that such entity is the signer of digital signature by using corresponding private key.

8. “Valid digital certificate" means a digital certificate which is unexpired; not be suspended or revoked.

9. "Public digital certificate" means a digital certificate granted by a public certification authority.

10. "Foreign digital certificate" means a digital certificate granted by a foreign certification authority.

11. "Subscriber" means an entity granted a digital certificate, accepting digital certificate and holding the private key corresponding to public key recorded on such digital certificate.

12. "Signer" means the subscriber who uses their private key to sign into a data message under their name.

13. "Recipient" means an entity receiving the data messages digitally signed by the signer, using the signer's digital certificate to verify the digital signature in the data message received.

14. “Digital signature application” means any IT application enabling the integration and use of digital signatures for certification.

15. "Certification authority” means an organization providing certification service of electronic signature to provide digital signatures certification service.

16. “Public certification authority” means any certification authority providing authentication of digital signatures for entities for public use.  Digital signature authentication provided by public certification authorities are subject to conditional business as per the law.

17. “Specialized certification authority” means any certification authority providing digital signature authentication for entities in the same field or sector, having the same nature of activities or purpose of the work and associated together through the operation charter or legal documents defining the common organizational structure or form of association, collective activities.  Activities of specialized certification authorities are the non-business activities. Specialized certification authorities consist of:

a) Specialized certification authorities of Government, providing digital signature authentication for Communist Party and State agencies;

b) Specialized certification authorities of agencies and organizations. The operation of specialized certification authorities of agencies and organizations must be registered with regulatory agencies of digital signature authentication as per the law.

18. “Public certification authority agent” means a merchant supporting a public certification authority to provide digital signature authentication for subscribers under an agency agreement for remuneration.

19. “Authentication regulation” means regulation of a certification authority on procedures for issuance, management and use of digital certificates of subscribers and the relationship between the certification authority and its agents and subscribers.

20. “Maintenance fee” means a sum of charge to be paid by certification authorities to Root Certification Authority (prescribed in Chapter VI of this Decree) for the  maintenance of an online database of their digital certificates and other information for verification of digital certificate status, validity of digital signatures.

21. “Security device” means a physical device to store digital certificate and private key of a subscriber.

Article 4. Authentication of digital signatures

"Authentication of digital signatures" means a service type of electronic signature authentication provided by the certification authority to authenticate that the subscriber digitally signed the data message.   Authentication of digital signatures includes:

1. Creation or support for creation of a key pair including public key and private key for subscribers.

2. Issuance, renewal, suspension, revalidation and revocation of the subscribers’ digital certificates.

3. Online maintenance of database of digital certificates.

4. Provision of necessary information to authenticate digital signatures digitally signed in data message by subscribers.

Chapter II

DIGITAL SIGNATURES AND DIGITAL CERTIFICATES

Article 5. The contents of digital certificates

A digital certificate issued by the Root Certification Authority, a public certification authority, or a specialized certification authority of the Government or agencies or organizations must contain the following contents:

1. Name of the certification authority.

2. Name of the subscriber.

3. Serial number of the digital certificate.

4. Validity period of the digital certificate.

5. Public key of the subscriber.

6. The digital signature of the certification authority.

7. Restrictions on purposes and scope of use of the digital certificate.

8. Restrictions on legal liability of the certification authority.

9. Cryptography algorithm.

10. Other necessary contents as prescribed by the Ministry of Information and Communications.

Article 6. Digital certificates of agencies and organizations and competent persons of agencies and organizations

1. Every agencies and organizations, state titles, competent persons of agencies and organizations under the provisions of law on the management and use of seals are entitled to be granted digital certificates of value as defined in clause 2 of Article 8 this Decree.

2. Digital certificate granted for the state title, the competent persons of agencies, organizations must be clearly stated the title of these persons.

3. The issuance of digital certificates for agencies and organizations, state titles, the competent persons of agencies, organizations must be based on the following documents:

a) Application of the agency or organization for issuance of digital signature to the agency, organization, the competent person or State title;

b) Valid copy of the establishment decision, the decision on functions, tasks and entitlements or the document certifying the title of the competent person of agency, organization or such State title.

Article 7. Digital certificates of agencies and organizations and competent persons of agencies and organizations

1. The digital signature of the person who is granted digital certificate under the provisions of Article 6 of this Decree is only used to make transactions according to the competence of agency or organization and person's proper title.

2. The signing by proxy, signing per procuration as prescribed by law made by competent person using its digital signature, is understood based on the title of the signer stated in digital certificate.

Article 8. Legal validity of digital signatures

1. Where the law defines that a document required to be signed, the requirement for a data message is considered as met if the data message is signed with digital signature and such digital signature is adequately secured as prescribed in Article 9 of this Decree.

2. Where the law defines that a document required to be stamped by the agency, organization, such requirement for a data message is considered as met if the data message is signed by digital signature of the agency or organization and such digital signature is adequately secured as prescribed in Article 9 of this Decree.

3. Foreign digital signatures and digital certificates licensed in Vietnam as prescribed in Chapter V of this Decree are legally valid and effective as digital signatures and digital certificates granted by public certification authorities of Vietnam.

Article 9. Conditions to ensure security for digital signatures

The digital signatures are considered as secured electronic signatures if they meet the following conditions:

1. The digital signatures are created during the valid period of digital certificates and inspected by the public key recorded on such valid digital certificates.

2. The digital signatures are created by using the private key corresponding to public key recorded on digital certificates granted by one of the following authorities:

a) Root Certification Authority;

b) Specialized certification authorities of the Government;

c) Public certification authorities;

d) Specialized certification authorities of agencies and organizations issued with certificates of eligibility for special-use digital signature security as prescribed in Article 40 of this Decree.

3. Private Key is only under the control of the signer at the time of signing.

Article 10. Format of digital certificate

When issuing digital certificates, public certification authorities or specialized certification authorities of agencies and organizations  which have obtained a certificate of eligibility for special-use digital signature security must comply with regulations on format of digital certificates in accordance with authentication regulation of Root Certification Authority.

Chapter III

PUBLIC AUTHENTICATION OF DIGITAL SIGNATURES

Section 1: LICENSING OF PUBLIC AUTHENTICATION OF DIGITAL SIGNATURES

Article 11. Operating conditions

Public certification authorities are entitled to provide service if they meet the following conditions:

1. Having the licenses to public authentication of digital signatures granted by the Ministry of Post and Telecommunications.

2. Having digital certificates granted by Root Certification Authority.

Article 12. Validity period

Licenses granted to public certification authorities are valid for 10 years.

Article 13. Licensing conditions

1. Condition for license holder:

Being enterprises established under the laws of Vietnam.

2. Financial condition:

a) Depositing at a commercial bank operating in Vietnam of no less than VND 05 (five) billion to solve risks and the compensation that may occur during the course of service by a cause for which the public certification authority is responsible and make payment for expenses receiving and maintaining database of enterprises in the event of revocation of licenses.

b) Pay full maintenance fees (in case of replacement of license).

3. Condition of personnel:

a) The certification authority must have staff responsible for: administration and operation of the system and issuance of digital certificates, maintenance of information security of the system;

b) The staff prescribed in Point a of this Clause must hold a bachelor's degree or higher, majoring information security or information technology or electrical communication.

4. Technical condition:

a) Formulation of technical equipment system must ensure the following requirements:

- Storing fully, accurately and updating information of subscribers for the issuance of the digital certificates during the valid duration of digital certificates;

- Storing fully, accurately and updating list of digital certificates which are valid, suspended and invalid and allowing and guiding Internet users to access online 24 hours per day and seven days per week;

- Making sure that the creation of the key pair only allows each key pair to be generated randomly and one time; ensures that the private key is not be detected when having the respective public key;

- Having ability to alert, prevent and detect any illegal access in the network environment;

- Designed in the manner that minimizes reduction of the direct contact with the Internet environment;

- Key distribution system for subscribers must ensure the integrity and security of the key pair.  In the case of key distribution through a computer network environment, the key distribution system must be used the security protocols to ensure the confidentiality of information on the transmission line.

b) Having feasible technical plans meeting requirements for information security and technical regulations and mandatory standards on digital signatures and authentication of digital signatures in force;

c) Having plans to control the entrance and exit of head offices, the right to access the system, right to enter, exit the place where the equipment is located for providing authentication of digital signatures;

d) Having contingency plans to maintain the continuous and safe operation, and deal with incidents when they occur;

dd) Having plans to provide information about subscribers online for Root Certification Authority, serving state management of authentication of digital signatures;

e) The entire system of equipment for service provision is located in Vietnam;

g) Construction of offices, places where the machinery and equipment is located in accordance with the requirements of the law on prevention and combat of fire and explosion; having ability of fighting against floods, earthquakes, electromagnetic interference, illegal intrusion of man;

h) Having authentication regulations made according to the form prescribed in authentication regulation of Root Certification Authority.

Article 14. License application dossiers

1. An application for licensing public authentication of digital signatures using form No. 01 in Appendix issued herewith.

2. Certificate of deposit made by a commercial bank operating in Vietnam. This certificate of deposit must include, but not limited to, unconditional and irrevocable clauses of payment to the receiver of the deposit any sum of money within the deposit limit to deal with risks and compensation that may occur during the course of service by a cause for which the public certification authority is responsible  and make payment for expenses receiving and maintaining database of the certification authority in the event of revocation of the license.

3. Personnel dossier includes: Curriculum vitae, degrees and certificates of technical staff engaging in authentication of digital signatures that meet conditions prescribed in Clause 2 Article 13 of this Decree.

4. The technical plan in compliance with Clause 4 Article 13 of this Decree.

5. Authentication regulation made according to the form prescribed in authentication regulation of Root Certification Authority.

Article 15. Verification and licensing

Within 50 working days from the date of receipt of valid application dossier, the Ministry of Post and Telecommunications shall take charge and cooperate with the Ministry of Public Security, Government Cipher Committee and the concerned ministries, branches to verify dossier and issue a license to the applicant if it meets licensing conditions prescribed in Article 13 of this Decree. A license to provide public authentication of digital signatures is stipulated in form No. 05 in Appendix issued herewith.

In case of refusal, the Ministry of Information and Communications shall give a notice and provide explanation.

Article 16. Change of content of the license and license reissuance

1. The content of the license shall be changed if one of the following changes: legal representative, headquarters address, business name.

The license holder shall submit an application for changing content of license to the Ministry of Information and Communications. An application dossier for changing content of license includes: An application for changing content of license using Form No. 02 in Appendix issued together with, details of matters to be changed and related documents.

Within 15 working days after receiving a duly completed application, the Ministry of Information and Communications shall verify and reissue a modified license; in case of refusal, it shall send a notice and provide explanation.

The validity period of the modified license is the remaining validity period of the former license.

2. If the license is lost or damaged, the license holder shall submit an application for reissuance to the Ministry of Information and Communications using Form No. 03 in Appendix issued herewith, specifying reasons for reissuance. Within 7 working days after receiving the application, the Ministry of Information and Communications shall consider reissuing the license.

The validity period of the reissued license due to loss or damage is the remaining validity period of the former license.

3. In order to ensure the continuity of service, the license holder wishes to keep providing service shall submit an application dossier for reissuance of license at least 90 days before the license expires. Application dossier for reissuance of license going to expire includes:

a) An application of reissuance of license to provide public authentication of digital signatures because of expired former license using form No. 03 in Appendix issued herewith.

b) A certificate of deposit made by a commercial bank operating in Vietnam as prescribed in Clause 2 Article 14 of this Decree;

c) Changes in personnel, technology related to the licensing conditions as prescribed in Clause 3,4 Article 13 of this Decree (if any).

Within 30 working days from the date of receipt of valid application dossier, the Ministry of Post and Telecommunications shall take charge and cooperate with the Ministry of Public Security, Government Cipher Committee and the concerned ministries, branches to verify dossier and reissue a license to the applicant if it meets licensing conditions. In case of refusal, the Ministry of Information and Communications shall give a notice and provide explanation.

The validity period of license reissued due to the former license’s expiry is 10 years.

Article 17. Suspension of licenses,  suspension of issuance of digital certificates

1. A public certification authority shall have its license suspended for a period of up to 6 months if it falls under one of the following cases:

a) Provision of false service with content stated in the license;

b) Failure to meet one of the licensing conditions in the process of service provision as prescribed in Article 13 of this Decree;

c) Failure to pay full maintenance fees in 6 months.

2. A public certification authority must suspend the issuance of new digital certificates in the following cases:

a) The license to provide public authentication of digital signatures is suspended as prescribed in Clause 1 of this Article;

b) Upon detecting the errors in the system providing its services that may affect the interests of subscribers and the recipients.

3. While the license is suspended, if the public certification authority can correct objectionable conditions, the Ministry of Information and Communications shall permit the public certification authority to keep providing service.

Article 18. Revocation of licenses

1. A public certification authority shall have its license revoked when it falls under one of the following cases:

a) Failure to provide for service within 12 months from the issuing date without any legitimate reason;

b) Being dissolved or declared bankrupt in accordance with provisions of relevant laws;

c) The license to provide the public authentication service of digital signatures has expired;

d) Failure to pay full maintenance fees in 12 months;

dd) Failure to correct objectionable conditions specified in clause 1 of Article 17 after the period of temporary suspension fixed by the state agencies;

e) The license holder does not want to keep providing service.

2. The public certification authority which had its license revoked is responsible for reaching an agreement to hand over the database relating to the provision of its service to another public certification authority that is operating within a period of not exceeding 30 days from the date of revocation of license.

3. The Ministry of Information and Communications shall supervise and guide the handover between the certification authorities to keep the services provided for subscribers uninterrupted.

If the certification authority fails to agree on such a handover with another certification authority, the Ministry of Information and Communications shall appoint one or certain public certification authorities to do that. The receiving certification authority shall keep performing rights and obligations towards subscribers and recipients under the agreement entered into between the subscribers and the former certification authority, which had its license revoked.

4. The costs of receiving and maintaining databases and assurance of continuous service provided for subscribers of shall be taken from deposit at the bank of the certification authority which has its license revoked.

5. After a period of 03 years from the date of revocation of license, except for the revocation prescribed in Point c Clause 1 of this Article, the above public certification authority may apply for reissuance of license.  Conditions and procedures for reissuance are conducted according to the regulations as for the cases of applying for new issuance.

Article 19. Validity period of digital certificates granted to public certification authorities

Validity period of digital certificates granted to public certification authorities is 5 years.

Article 20. Conditions for issuance of digital certificates to public certification authorities

1. Having the license to provide public authentication of digital signatures granted by the Ministry of Post and Telecommunications which is still valid.

2. The actual technical system meets conditions as specified in the licensing application dossier.

3. Public key on the digital certificate will be issued as a unique and the same pair with private key of public certification authority applying for digital certificate.

Article 21. Application dossier for issuance of digital certificates of public certification authorities

An application dossier for issuance of digital certificates made by a public certification authority includes:

1. An application for issuance of digital certificate using form No. 04 in Appendix issued herewith to Root Certification Authority.

2. A copy of license to provide public authentication of digital signatures.

3. Other documents as prescribed in the authentication regulation of Root Certification Authority.

Article 22. Verification and issuance of digital certificates to public certification authorities

Within 30 working days after receiving a valid application dossier, Root Certification Authority shall verify the application:

1. Root Certification Authority shall verify the following:

a) Check if the actual technical system of the public certification authority meets conditions as specified in the application;

b) Witness the generation of the private key and public key of the public certification authority to ensure that they are generated in a secured manner as prescribed.

2. If the conditions for issuance of digital certificate are satisfied, Root Certification Authority shall issue a digital certificate. If the conditions are not satisfied, Root Certification Authority shall issue a written refusal with explanation.

3. The issuance of digital certificate to a public certification authority by Root Certification Authority must ensure the continuity of service provided for subscribers.

Section 2: SERVICES PROVIDED BY PUBLIC CERTIFICATION AUTHORITIES

Article 23. Application dossier for issuance digital certificates made by subscribers

1. An application for issuance of digital certificate using the form given by the public certification authority.

2. The attached documents include:

a) For individuals:  ID card or citizen identification card or passport;

b) For organizations:  establishment decision or decision on functions, tasks, powers and organizational structure or certificate of business registration or investment certificate; ID card, citizen identification card, or passport of legal representative.

3. Individuals and organizations may choose to submit certified copies from master register, certified true copies or certified copies together with originals in their discretion.

Article 24. Creation of the key and key distribution for subscribers

1. An applicant for issuance of digital certificate may self-create a key pair or request the public certification authority in writing to create a key pair.

2. If the applicant self-creates a key pair, the public certification authority must make sure that such applicant has used devices according to prescribed standards to create and store the key pair.

3. Where public certification authority creates a key pair, it must use safe methods to transfer the private key to the applicant and may save a copy of the private key when the applicant requests in writing.

Article 25. Issuance of digital certificates to subscribers

1. The public certification authorities may issue a digital certificate to a subscriber only if:

a) Information declared in the application for issuance of digital certificate is correct;

b) Public key on the digital certificate will be issued as a unique and the same pair with private key of the applicant for digital certificate.

2. Digital certificates are only issued to the applicants and must contain all the information prescribed in Article 5 of this Decree.

3. The public certification authority may only publish the digital certificate issued to the subscriber on the database on their digital certificates after the subscriber confirmed that the information on the digital certificate is correct; the publishing time is no later than 24 hours after the confirmation of subscription, unless otherwise agreed.

4. Public certification authorities may not refused to issue digital certificates to applicants without legitimate reason.

5. Public certification authorities must maintain security during the creation and transfer of digital certificates to subscribers.

Article 26. Renewal of digital certificates to subscribers

1. At least 30 days prior to the expiration of the digital certificate, the subscriber may request for renewal of digital certificate.

2. Upon receiving a request for renewal, the public certification authority is obliged to complete the procedures for renewal of digital certificate before subscriber’s digital certificate expires.

3. In case of changing the public key on the digital certificates renewed, the subscriber must indicate clearly it in the written requests; the creation of key, key distribution and publication of renewed digital certificate shall comply with the provisions in Article 24, Article 25 of this Decree.

Article 27. Change of key pair for subscribers

In the case a subscriber wishes to change the key pair, it must submit an application for change. The key creation, key distribution, and publication of digital certificates with the new public key comply with the provisions in Article 24, Article 25 of this Decree.

Article 28. Suspension, revalidation of digital certificates of subscribers

1. A digital certificate of subscriber shall be suspended in any of the following cases:

a) When the subscriber requests in writing and the request was verified as accurate by the public certification authority;

b) When the public certification authority has grounds to assert that the digital certificate issued not in compliance with the provisions of Article 24, Article 25 of this Decree or detecting any errors that affect the interests of the subscriber and the recipients;

c) Upon request of the agencies proceeding procedures, police authorities or the Ministry of Post and Telecommunications;

d) As a condition to suspend digital certificate as stipulated in the contract between the subscriber and public certification authority.

2. When there are grounds to suspend the digital certificate, the public certification authority must conduct the temporary suspension, and immediately notify the subscriber and publish in the database of certificates on the suspension, the starting and ending time of the suspension.

3. The public certification authority shall revalidate the digital certificate when it has no longer grounds for suspension of the certificate or the period of suspension upon request has expired.

Article 29. Revocation of digital certificates of subscribers

1. A digital certificate of a subscriber is revoked in the following cases:

a) When the subscriber requests in writing and the request was verified as accurate by the public certification authority;

b) When subscriber as individual dies or is declared missing by the declaration of court or the subscriber as an organization is dissolved or declared bankrupt according to law regulations;

c) Upon request of the agencies proceeding procedures, police authorities or the Ministry of Post and Telecommunications;

d) As a condition to revoke digital certificate as stipulated in the contract between the subscriber and public certification authority.

2. When there are grounds to revoke the digital certificate, the public certification authority must revoke the digital certificate, and immediately notify the subscriber and publish in the database of certificates on the revocation.

Article 30. Issuance of timestamp

1. Timestamp issuance service is the attachment of information on the date and month, year and time in the data message.

2. Public certification authorities have the rights to provide the service of timestamp issuance.  The supply of service of timestamp issuance must comply with technical regulations and mandatory standards to apply to the service of timestamp issuance.

3. Date, month, year and time is attached to the data message is the date, month, year and time that public certification authorities receive such data messages and authenticated by the timestamp issuer.

4. Time source of timestamp issuers must comply with regulations of law on national standard time source.

Article 31. Authentication regulations of public certification authorities

1. Authentication regulations of public certification authority shall be made according to the authentication regulation of Root Certification Authority.

2. Authentication regulations of public certification authorities must be published as prescribed in Clause 2 Article 33 of this Decree.

3. If there is any change in the authentication regulation, the public certification authority shall send a notice to Root Certification Authority and request for written approval from Root Certification Authority.

Section 3: RIGHTS AND OBLIGATIONS OF PUBLIC CERTIFICATION AUTHORITY

Article 32. Obligations of public certification authorities to subscribers

1. Ensure the service provided for the subscriber is continuous, uninterrupted throughout the validity period of the digital certificate and the digital certificate’s status has been checked continuously.

2. Deal with risks and compensation for the subscriber and recipients by a cause for which the public certification authority is responsible.

3. Ensure private security, private information and storage devices of digital certificate in accordance with law on information security and relevant laws.

4. Receiving information:

Ensure information channel to receive requests from subscribers related to digital certificates to operate 24 hours per day and seven days per week.

5. Regarding key management:

a) Promptly notify subscribers and adopt measures to prevent and correct promptly in case of detecting exposure signals of the subscribers’ private keys, impaired integrity or any other error that adversely affects the interests of subscribers.

b) Recommend the subscribers on the change of key pairs as needed to ensure reliability and high security for the key pairs.

6. In a case where the issuance of new digital certificates must be suspended:

During the suspension of the issuance of new digital certificates, the public certification authorities are responsible for maintaining the database system related to digital certificates issued.

7. When a public certification authority had its license revoked, it must promptly notify subscribers of the suspension and the new certification authority to ensure interests of the subscribers.

8. Prepare model contracts with subscribers, covering:

a) Scope and limit of use, security level, expenses associated with issuance and use of digital certificates and other information which possibly prejudices interests of subscribers;

b) Requirements to ensure safety in storage and use of the private key;

c) Procedures for complaints and resolution of disputes.

9. Perform rights and obligations of the principal (in the principal-agent relationship)a as prescribed in commerce law.

Article 33. Obligations of public certification authorities to regulatory authorities of digital signatures and authentication of digital signatures

1. Information disclosure:

Public certification authorities must announce and maintain information 24 hours per day and seven days per week on their websites the following information:

a) Their authentication regulation and digital certificates;

b) List of valid, suspended, revoked digital certificates of the subscribers;

c) Other necessary information as per the law.

2. Information update:

Public certification authorities must update any changes to information prescribed in Clause 1 of this Article within 24 hours as they arise.

3. Information provision:

Public certification authorities must provide Root Certification Authority online in real time with information about number of valid, suspended or revoked digital certificates for state management of authentication of digital signatures.

4. Information storage:

Store all information about suspension or revocation of licenses and database about subscribers, digital certificates for at least 5 years, since the date of suspension or revocation.

5. Pay maintenance fees as prescribed.

6. Send reports on a periodical basis or at the request of the Ministry of Information and Communications and competent state agencies.

Section 4: PUBLIC CERTIFICATION AGENTS

Article 34. Operating conditions of public certification agents

1. Being a trader, either a business entity legally incorporated or an individual doing trade independently, regularly and having business registered.

2. Having a specific address of transaction office.

3. Having an agency agreement with a public certification authority.

Article 35. Rights and obligations of public certification agents

1. Perform rights and obligations of the agent as prescribed in commerce law.

2. Provide subscribers with guidance on application dossier, procedures for issuance of digital certificate.

3. Put up the procedure for issuance of digital certificates at the agent head office.

4. Ensure information channel to receive requests from subscribers to operate 24 hours per day and seven days per week.

5. Send reports at the request of specialized agencies for state management of authentication of digital signatures.

Chapter IV

SPECIAL-PURPOSE AUTHENTICATION OF DIGITAL SIGNATURES OF AGENCIES AND ORGANIZATIONS

Section 1: ISSUANCE OF CERTIFICATES OF OPERATION REGISTRATION OF SPECIALIZED CERTIFICATION AUTHORITIES OF AGENCIES AND ORGANIZATIONS

Article 36. Operating conditions and operation registration

1. Operating conditions

An entity holding a certificate of operation registration as specialized certification authority issued by the Ministry of Information and Communications may provide such the service.

2. Registration conditions

a) The specialized certification authority must have personnel in charge of: administration and operation of the system and issuance of digital certificates, maintenance of information security of the system. The staff must hold a bachelor's degree or higher, majoring information security or information technology or electrical communication;

b) Formulation of technical equipment system must ensure the following requirements:

- Storing fully, accurately and updating information of subscribers for the issuance of the digital certificates during the valid duration of digital certificates;

- Making sure that the creation of the key pair only allows each key pair to be generated randomly and one time; ensures that the private key is not be detected when having the respective public key;

- Having ability to alert, prevent and detect any illegal access in the network environment;

- Designed in the manner that minimizes reduction of the direct contact with the Internet environment.

c) Having plans to provide information about subscribers online for Root Certification Authority, serving state management of authentication of digital signatures;

d) The entire system of equipment for service provision is located in Vietnam;

dd) Construction of offices, places where the machinery and equipment is located in accordance with the requirements of the law on prevention and combat of fire and explosion; having ability of fighting against floods, earthquakes, electromagnetic interference, illegal intrusion of man.

Article 37. Application for operation registration

1. An application for issuance of certificate of operation registration as specialized certification authority using form No. 06 in Appendix issued herewith to Root Certification Authority.

2. A document proving satisfaction of the operating conditions specified in Clause 2, Article 36 of this Decree.

3. A document proving that the service users have the same nature of activities or purpose of the work and associated together through the operation charter or legal documents defining the common organizational structure or form of association, collective activities.

Article 38. Procedures for issuance, suspension, revocation, change of content and reissuance of certificates of operation registration

1. Issuance of certificates of operation registration

a) Within 30 working days after receiving a valid application, the Ministry of Information and Communications shall verify it and issue a certificates of operation registration if the application fully satisfies operating conditions prescribed in Clause 2 Article 36 of this Decree. An application for issuance of certificate of operation registration as specialized certification authority shall be made according to form No. 09 in Appendix issued herewith.

In case of refusal, the Ministry of Information and Communications shall give a written notice and provide explanation;

b) The certificate of operation registration of specialized certification authorities of agencies and organizations is valid for 5 years.

2. Suspension of certificates of operation registration

A specialized certification authority of agencies or organizations shall have its certificates of operation registration suspended for a period of up to 6 months if it falls under one of the following cases:

a) Provision of false service with content stated in the certificate;

b) Failure to meet one of the conditions for issuance of certificates of operation registration in the process of service provision as prescribed in Clause 2 Article 36 of this Decree.

3. Revalidation of certificates of operation registration

While the certificates of operation registration is suspended, if specialized public certification authority can correct objectionable conditions, the Ministry of Information and Communications shall permit the specialized certification authority to keep providing service.

4. Revocation of certificates of operation registration

A specialized certification authority of agencies or organizations shall have its certificates of operation registration revoked if it falls under one of the following cases:

a) Failure to provide for service within 12 months from the issuing date without any legitimate reason;

b) Being dissolved or declared bankrupt in accordance with provisions of relevant laws;

c) Failure to correct objectionable conditions specified in clause 2 of Article 38 of this Decree after the period of temporary suspension fixed by the state agencies;

d) The specialized certification authority does not want to keep providing service.

5. Change of content of certificates of operation registration

The content of certificate of operation registration shall be changed when the certificate holder changes one of the following: headquarters address, legal representative, scope and users of service, applied technical standards.

In order to change content of the certificate of operation registration, the specialized certification authority shall submit an application dossier for change of content of the certificate of operation registration to the Ministry of Information and Communications, including: an application for change of content of certificate of operation registration using Form No. 07 in Appendix issued together with and relevant documents, as the basis for the application.

Within 15 working days after receiving a duly completed application, the Ministry of Information and Communications shall verify and reissue a modified certificate of operation registration; in case of refusal, it shall send a notice and provide explanation.

The validity period of the reissued certificate of operation registration shall be the remaining validity period of the former certificate.

6. Reissuance of certificates of operation registration when they expire

At least 30 days before the certificate of operation registration expires, the specialized certification authority shall submit an application for reissuance of the certificate of operation registration. An application dossier for reissuance of certificate of operation registration due to expiry includes:

a) An application for reissuance of certificate of operation registration, using Form No. 08 in Appendix issued herewith;

b) Changes in personnel, technology related to the licensing conditions as prescribed in Clause 2 Article 36 of this Decree (if any).

Within 15 working days after receiving a valid application for reissuance, the Ministry of Information and Communications shall verify it.

If the application meets all conditions, the Ministry of Information and Communications shall reissue a certificate of operation registration to the specialized certification authority. In case of refusal, the Ministry of Information and Communications shall give a written notice and provide explanation.

The validity period of reissued certificate of operation registration is 5 years.

Article 39. Rights and obligations of specialized certification authorities

1. Provide specialized authentication of digital signatures according to the scope and users mentioned in the certificate of operation registration issued by the Ministry of Information and Communications.

2. Stipulate the provision and use of specialized authentication of digital signatures in agencies and organizations according to the registered scope and users.

3. Send reports on a periodical basis or at the request of the Ministry of Information and Communications competent state agencies.

4. If a specialized certification authority of agencies and organizations wishes to use the specialized digital signature to deal with entities within its area of specialization, it must be issued with a certificate of eligibility for specialized digital signature security by the Ministry of Information and Communications as prescribed in Articles 9, 40 and 41 of this Decree.

Section 2: ISSUANCE OF CERTIFICATES OF ELIGIBILITY FOR SPECIALIZED DIGITAL SIGNATURE SECURITY

Article 40. Conditions for obtaining certificates of eligibility for specialized digital signature security

1. Having a certification of operation registration of the specialized certification authority.

2. Meet the conditions pertaining to personnel and techniques as prescribed in Clauses 3 and 4 Article 13 of this Decree.

Article 41. Application dossier for certificates of eligibility for specialized digital signature security

1. An application for a certificate of eligibility for specialized digital signature security using Form No. 10 in Appendix issued herewith.

2. A copy of certification of operation registration of the specialized certification authority.

3. The establishment decision and operation charter of the authority.

4. Personnel dossier includes: Curriculum vitae, degrees and certificates of staff engaging in specialized authentication of digital signatures that meet conditions prescribed in Clause 3 Article 13 of this Decree.

5. The technical plan in compliance with Clause 4 Article 13 of this Decree.

6. Authentication regulation made according to the form prescribed in authentication regulation of Root Certification Authority.

Article 42. Procedures for issuance, suspension, revocation, change of content and reissuance of certificate of eligibility for specialized digital signature security

1. Issuance of certificate of eligibility for specialized digital signature security

a) Within 60 working days after receiving a valid application dossier, the Ministry of Information and Communications shall take charge and cooperate with the Ministry of Public Security, the Government Cipher Committee and related ministries and sectors in verifying the application and undertake an inspection visit to premises and issuing a certificate of eligibility for specialized digital signature security if the applicant meets all conditions prescribed in Article 40 of this Decree. A certificate of eligibility for specialized digital signature security shall be made using Form No. 13 in Appendix issued herewith.

If the applicant does not satisfy those conditions, the Ministry of Information and Communications shall issue a notice clearly stating the reason;

b) The validity period of certificate of eligibility for specialized digital signature security is as the same as the certificate of operation registration of specialized certification authority but not exceeding 5 years.

2. Suspension of certificate of eligibility for specialized digital signature security

A specialized certification authority of agencies or organizations shall have its certificate of eligibility suspended for a period of up to 6 months if it falls under one of the following cases:

a) Having the certification of operation registration of the specialized certification authority suspended;

b) Failure to meet one of the conditions for issuance of certificate of eligibility for specialized digital signature security in the process of service provision as prescribed in Clause 2 Article 40 of this Decree.

3. Revalidation of certificate of eligibility for specialized digital signature security

While the certificate of eligibility for specialized digital signature security is suspended, if the specialized certification authority may correct objectionable conditions, the Ministry of Information and Communications shall revoke the decision on suspension.

4. Revocation of certificate of eligibility for specialized digital signature security

A specialized certification authority of agencies or organizations shall have its certificate of eligibility revoked if it falls under one of the following cases:

a) Having the certification of operation registration of the specialized certification authority revoked;

b) Failure to correct objectionable conditions specified in clause 2 of Article 42 of this Decree after the period of temporary suspension fixed by the state agencies.

5. Change of content of certificate of eligibility for specialized digital signature security

The certificate of eligibility for specialized digital signature security shall be changed if the certificate holder changes one of the following: headquarters address, legal representative, scope and users of service, applied technical standards.

In order to change content of the certificate of eligibility for specialized digital signature security, the specialized certification authority shall submit an application dossier for change of content of the certificate of eligibility to the Ministry of Information and Communications, including: an application for change of content of certificate of eligibility using Form No. 11 in Appendix issued together with and relevant documents, as the basis for the application.

Within 15 working days after receiving a duly completed application, the Ministry of Information and Communications shall verify and reissue a modified certificate of eligibility; in case of refusal, it shall send a notice and provide explanation.

The validity period of certificate of eligibility for specialized digital signature security is the remaining validity period of the former certificate.

6. Reissuance of certificate of eligibility for specialized digital signature security

At least 45 days before the certificate of eligibility expires, the specialized certification authority shall submit an application dossier for reissuance of such a certificate. The application dossier for reissuance of certificate of eligibility includes:

a) An application for a certificate of eligibility for using Form No. 12 in Appendix issued herewith;

b) A copy of certification of operation registration of the specialized certification authority;

c) Changes in personnel, technology related to the licensing conditions as prescribed in Clause 2 Article 40 of this Decree.

Within 30 working days after receiving a valid application, the Ministry of Information and Communications shall take charge and cooperate with the Ministry of Public Security, the Government Cipher Committee and related ministries and sectors in verifying the dossier and undertake an inspection visit to the premises.

If the application satisfies the conditions, the Ministry of Information and Communications shall reissue a certificate of eligibility. In case of refusal, the Ministry of Information and Communications shall give a notice and provide explanation.

The validity period of the reissued certificate of eligibility for specialized digital signature security is 5 years.

Chapter V

FOREIGN DIGITAL CERTIFICATES AND DIGITAL SIGNATURES IN VIETNAM

Article 43. Conditions for using foreign digital certificates

1. The digital certificate is still valid.

2. It is licensed by the Ministry of Information and Communications for use in Vietnam and accepted in international transactions. If a foreign digital certificate is used for servers and software, no license is required.

Article 44. Users of foreign digital certificates

1. Foreign entities in Vietnam.

2. Vietnamese entities who need to make electronic transactions with partners in a foreign country but digital certificates of local certification authorities have not been recognized in such country.

Article 45. Operating scope and validity period of license to use foreign digital certificate in Vietnam

1. Operating scope refers to electronic transactions of users of foreign digital certificates prescribed in Article 44 of this Decree.

2. Validity period of license to use foreign digital certificate in Vietnam is 5 years but not exceeding validity period of the digital certificate.

Article 46. Licensing conditions

1. With regard to subscribers using foreign digital certificates in Vietnam:  

a) Being eligible entities prescribed in Article 44 of this Decree;

b) Having one of the following documents to verify the information in the digital certificate:

- establishment decision or decision on functions, tasks, powers and organizational structure or certificate of business registration or investment certificate; ID card, citizen identification card, or passport if the subscriber is an individual;

- Written permission of competent agencies for foreign entities to operate legally in Vietnam if the subscriber is a foreign entity;

- In case of authorization, it is required to have legal authorization or permission of using digital certificates and information of subscriber granted digital certificate must be consistent to information in the written authorization or permission.

2. With regard to a foreign certification authority with digital certificates being accepted in Vietnam

a) Being established and operating legally at the country that the foreign certification authority has registered operation;

b) Satisfying the list of applicable mandatory standards regarding digital signatures and certification service of digital signatures promulgated by the Ministry of Information and Communications, or international standards regarding digital signatures which are defined as having an equal information safety level  by the Ministry of Information and Communications;

c) Being certified by an audit firm that professional operations abide by the prestigious international standards on authentication of digital signatures.

Article 47. Application dossier for issuance of license to use foreign digital certificate in Vietnam

1. An application for issuance of license to use foreign digital certificate in Vietnam using Form No. 14 in Appendix issued herewith.

2. Proof of satisfaction of the conditions specified in Article 46 of this Decree.

3. Valid copies of contract of (or agreement) on use of foreign digital certificate between the subscriber and foreign certification authority or a document proving that the subscriber is the legal end-user of the foreign digital certificate.

4. A commitment to comply with Vietnamese law on digital signatures and authentication of digital signatures when using the foreign digital certificate in Vietnam.

Article 48. Verification of application dossier for license to use foreign digital certificate in Vietnam

1. Within 30 working days after receiving a valid application, Ministry of Information Technology and Communications shall verify it.

2. If the application satisfies conditions as prescribed, the Ministry of Information and Communications shall issue a license to use foreign digital certificate in Vietnam. A license to use foreign digital certificate in Vietnam shall be made using Form No. 15 in Appendix issued herewith.

if the application does not satisfy conditions, the Ministry of Information and Communications shall have written notice in which clearly stating reason thereof.

Article 49. Change, reissuance of license to use foreign digital certificate in Vietnam

1. The content of license to use foreign digital certificate in Vietnam shall be changed if the license holder changes business name, legal representative or change the type of the digital certificate which has been used.

An application dossier for change of content of the license includes an application form, details of contents to be changed and relevant documents (if any).

Within 10 working days after receiving a duly completed application, the Ministry of Information and Communications shall verify it and reissue a modified license; in case of refusal, it shall send a notice and provide explanation.

2. If the license is lost or damaged, the user of foreign digital certificate shall send an application for reissuance with clear reasons for the loss or damage to the Ministry of Information and Communications. Within 7 working days after receiving the application, the Ministry of Information and Communications shall consider reissuing the license.

3. The validity period of the modified license or reissued license is the remaining validity period of the former license.

Article 50. Obligations of users of foreign digital certificates permitted in Vietnam

1. Using digital certificates in accordance with scope stated in license to use foreign digital certificates in Vietnam.

2. Report upon occurrence of incidents or at requests about use of foreign digital certificates be in Vietnam with the Ministry of Information and Communications.

Article 51. Foreign digital certificates accepted in international transactions

1. The foreign digital certificate accepted in international transactions means a foreign digital certificate of foreign subscriber not presenting in Vietnam and valid on data messages sent to partners being Vietnamese agencies or organizations.

2. Entities shall choose and take responsibility for their acceptance of foreign digital certificates accepted in international transactions.

Chapter VI

ROOT CERTIFICATION AUTHORITY

Article 52. Position, functions, tasks, powers of Root Certification Authority

1. Root Certification Authority is a public sector entity affiliated to the Ministry of Information and Communications which provides authentication of digital signatures for public certification authorities, specialized certification authorities agencies and organizations obtaining certificate of eligibility for specialized digital signature security and users of foreign digital certificates licensed to be used in Vietnam. Root Certification Authority is unique.

2. Root Certification Authority has following tasks and powers:

a) Build, maintain and operate a technical system to perform tasks prescribed in Clause 1 hereof;

b) Issue a digital certificate to itself;

c) Study and request competent authorities to formulate and promulgate documents on management and provision of authentication of digital signatures for specialized certification authorities agencies and organizations obtaining certificate of eligibility for specialized digital signature security and users of foreign digital certificates licensed to be used in Vietnam;

d) Publish and update on its website a list of public certification authorities, specialized certification authorities obtaining certificates of operation, foreign digital certificates licensed to be used in Vietnam and foreign digital certificates being accepted in international transactions;

dd) Enable authentication of digital signatures of Vietnam to be accepted in countries and other international organizations.

Article 53. Operation of Root Certification Authority

The issuance of digital certificates and authentication of digital signatures provided for certification authorities are specified in Chapter III and Chapter IV of this Decree:

1. Root Certification Authority plays a role and has rights and rights as the same as a public certification authority as prescribed in Chapter III of this Decree. A certification authority plays a role and has rights and rights as the same as a subscriber as prescribed in Chapter III of this Decree.

2. Apart from regulations prescribed in Clause 1 of this Article, Root Certification Authority and certification authorities must comply with following provisions:

a) Key pairs prescribed in Article 24 hereof shall be created by the certification authority on its system;

b) Contents should be checked before issuance of digital certificates provided for in clause 1 of Article 25 of this Decree are supplemented the inspection of compliance with the operating conditions specified in clause 3, clause 4 of Article 13 of this Decree;

c) Public information specified in Clause 2 Article 33 of this Decree is published on website of Root Certification Authority or public certification authorities;

d) Certification authorities having digital certificates issued by Root Certification Authority must pay maintenance fees as prescribed in the Law on Fees and Charges.

Article 54. Authentication regulation of Root Certification Authority

1. Authentication regulation of Root Certification Authority is promulgated by the Ministry of Information and Communications to guide procedures for provision of authentication of digital signatures, covering:

a) A model agency agreement between public certification authority and agent;

b) A model agency agreement between public certification authority and subscriber;

c) A model authentication regulations of public certification authority and specialized certification authority obtaining certificate of eligibility for specialized digital signature security.

2. Certification authorities, public certification agents, subscribers using foreign digital certificates licensed to be used in Vietnam shall comply with authentication regulation of Root Certification Authority.

Chapter VII

SECIALIZED CERTIFICATION AUTHORITIES OF THE GOVERNMENT

Article 55. Position, functions, tasks, powers of specialized certification authority of the Government

1. Specialized certification authority of Government is an authority affiliated to Government Cipher Committee, providing specialized authentication of digital signatures for the Government, Communist Party and State agencies.

2. A specialized certification authority of the Government shall have the following tasks and powers:

a) Maintain and operate the technical system to provide specialized authentications of digital signatures of the Government for the Communist Party and the state agencies;

b) Issue digital certificate to itself;

c) Formulate professional process of provision, management and use of specialized authentication of digital signature of the Government and request competent authorities to promulgate and guide them;

d) On an annual basis, guide agencies, organizations, and individuals to send a final report on management and use of digital certificates and authentication of digital signatures in Communist Party and state agencies;

dd) Be provided with personnel, funding and headquarters by the state to perform tasks, maintain operation and provide digital certificates and authentication of digital signatures to meet the needs of the Communist Party and state agencies and ensure the security based on its scope of operation.

Article 56. Specialized authentication of digital signatures of the Government

A specialized certification authority of the Government shall the following services:

1. Creation and distribution of key pairs.

2. Issuance of digital certificates.

3. Renewal of digital certificates.

4. Change of content of digital certificates.

5. Revocation of digital certificates.

6. Revalidation of security devices.

7. Publication and online maintenance of database of digital certificates.

8. Online digital certificate inspection.

9. Issuance of timestamps.

Article 57. Use of specialized authentication of digital signatures of the Government

Any electronic transactions of the Communist Party and state agencies requiring digital signatures shall use the service of specialized certification authorities of Government.

Article 58. Creation and distribution of key pairs

1. The specialized certification authority of Government shall create key pairs for subscribers including public key and private key.

2. The public key shall associate with the digital certificate and be published on website of the specialized certification authority of Government.

3. The private key corresponding to the digital certificate of subscriber shall be stored in the security device and transferred to the subscriber using a safe method.

Article 59. Validity period of the digital certificate

1. The validity period of a digital certificate of the specialized certification authority of Government is 20 years.

2. The validity period of a new digital certificate issued to a subscriber is up to 5 years.

3. The validity period of a renewed digital certificate is 3 years.

Article 60. Conditions for issuance of new digital certificate

1. Conditions for issuance of new digital certificate to an individual:

a) He/she is an official and public employee of the Communist Party or state agency who has a need make electronic transactions;

b) He/she has a request which is certified by the head of the superior body.

2. Conditions for issuance of new digital certificate to a competent person as prescribed in law on management and use of seals, state titles:

a) He/she is the competent person of an agency or organization affiliated to the Communist Party or state agency as prescribed in law on management and use of seals and sate titles who has a need to make electronic transactions;

b) He/she has an application which is certified by the head of the superior body.

3. Conditions for issuance of digital certificate to an agency/organization:

a) It has legal status;

b) It has an establishment decision or is certified by the head of the superior body;

c) It has an application made by the person in charge of management of the digital certificate and certified by the head of the superior body.

4. Conditions for issuance of new digital certificates to devices, services and software:

a) The device, service and software is under ownership and management of agency/organization having legal status;

b) The person in charge of the digital certificate of device, service and software is a competent person of the agency/organization as prescribed in law on management and use of seals;

c) It has an application made by the person in charge of management of the digital certificate of device, service, and software and certified by the head of the superior body.

Article 61. Application dossier for issuance of digital certificate

1. Application dossier for issuance of digital certificate to an individual: An application for issuance of digital certificate made by the individual certified by the superior body.

2. Digital certificates shall be issued to a competent person of agency/organization as prescribed in law on management and use of seals, state titles: An application for issuance of digital certificates made by the competent person of agency/organization as prescribed in law on management and use of seals, state titles, and certified by the superior body.

3. Issuance of digital certificate to an agency/organization: An application made by the person in charge of management of the digital certificate and certified by the head of the superior body.

4. Issuance of digital certificates to devices, services and software: An application made by the person in charge of management of the digital certificate of device, service, and software, software copyright certification of the agency/organization that manages such software and certified by the head of the superior body.

Article 62. Procedures for issuance of digital certificate

1. Application for issuance of digital certificate:

a) Digital certificates for individuals:

An individual shall make an application for issuance of digital certificate as prescribed in Clause 1 Article 61 of this Decree and send it to the specialized certification authority of Government.

b) Digital certificates for competent persons of agency/organization as prescribed in law on management and use of seals, state titles:

The competent person of agency/organization or state title holder shall make an application for issuance of digital certificates certified by the superior body and dossier prescribed in Clause 2 Article 61 of this Decree and send them to the specialized certification authority of Government.

c) Digital certificates for agencies/organizations:

The competent person of agency/organization who are designated to manage the digital certificate shall make an application for issuance of digital certificates certified by the superior body and dossier prescribed in Clause 3 Article 61 of this Decree and send them to the specialized certification authority of Government.

d) Digital certificates for devices, services and software:

The competent person of agency/organization who are designated to manage the digital certificate of device, service, software shall make an application for issuance of digital certificates certified by the superior body and dossier and send them to the specialized certification authority of Government.

2. Within 3 working days after receiving a valid application, the specialized certification authority of Government shall verify it, create a key pair, create a digital certificate and provide the subscriber with security devices. Notify the subscriber’s superior body of time and place to receive the security devices.

3. The subscriber’s superior body shall receive security devices from the specialized certification authority of Government. After the transfer, the superior body shall send a request for the effective date of the digital certificate to the specialized certification authority of Government.

4. Within 1 working day after receiving such a request, the specialized certification authority of Government shall publish that digital certificate on its website.

The digital certificate shall be effective from the date published by the specialized certification authority of Government.

Article 63. Conditions for renewal of digital certificate

1. The digital certificate is only renewed once and it must remain valid for at least 60 days before the renewal.

2. An applicant for renewal of digital certificate must make a written applicant certified by the superior body.

Article 64. Procedures for renewal of digital certificate

1. Application for renewal of digital certificate

a) Renewal of digital certificates for individuals:

An individual must submit an application for renewal of digital certificate certified by the superior body to the specialized certification authority of Government;

b) Renewal of digital certificates for competent persons of agency/organization as prescribed in law on management and use of seals, state titles:

The competent person of agency/organization or state title holder shall make an application for renewal of digital certificates certified by the superior body (not enclosed with dossier prescribed in Clause 2 Article 61 of this Decree) and send it to the specialized certification authority of Government.

c) Renewal of digital certificates for agencies/organizations:

The competent person of agency/organization who are designated to manage the digital certificate shall make an application for renewal of digital certificates certified by the superior body (not enclosed with dossier prescribed in Clause 3 Article 61 of this Decree) and send it to the specialized certification authority of Government;

d) Renewal of digital certificates for devices, services and software:

The competent person of agency/organization who are designated to manage the digital certificate of device, service, software shall make an application for renewal of digital certificates certified by the superior body and send it to the specialized certification authority of Government.

2. Within 3 working days after receiving an application for renewal, the specialized certification authority of Government shall renew the digital certificate and notify the superior body of such a renewal.

If the application for renewal is refused, the specialized certification authority of Government shall provide the superior body with explanation.

Article 65. Change of content of digital certificate

1. The digital certificate before changing content must be valid for at least 60 days and the modified digital certificate shall have the same validity period of the former digital certificate.

2. Applicants for change of content of digital certificate shall make an application certified by the superior body.

Article 66. Cases of Change of content of digital certificates

1. Regarding digital certificate of an individual:

a) Changing working place no longer conformable with information in the digital certificate;

b) Changing email address.

2. Regarding digital certificates of competent persons of agency/organization as prescribed in law on management and use of seals, state titles:

Changing the power of the agency/organization as prescribed in law on management and use of seals, changing state titles.

3. Regarding digital certificates of agencies and organizations:

They changing name and address no longer conformable with information in the digital certificate.

4. Regarding digital certificates of devices, services and software:

Changing name or upgrade version of or add extra functions to devices, software and software no longer conformable with the information in the digital certificate.

Article 67. Procedures for change of content of digital certificates

1. Application for change of content of digital certificate

a) Change of content of digital certificate for individuals:

An individual must submit an application for change of content of digital certificate certified by the superior body to the specialized certification authority of Government;

b) Change of content of digital certificates for competent persons of agency/organization as prescribed in law on management and use of seals, state titles:

The competent person of agency/organization or state title holder shall make an application for change of content of digital certificates certified by the superior body and dossier prescribed in Clause 2 Article 61 of this Decree and send them to the specialized certification authority of Government;

c) Change of content of digital certificates for agencies and organizations:

The competent person of agency/organization who are designated to manage the digital certificate of device, service, software shall make an application for change of content of digital certificates certified by the superior body and dossier prescribed in Clause 3 Article 61 of this Decree and send them to the specialized certification authority of Government;

d) Change of content of digital certificates for devices, services, software:

The competent person of agency/organization who are designated to manage the digital certificate of device, service, software shall make an application for change of content of digital certificates certified by the superior body and dossier prescribed in Clause 3 Article 61 of this Decree and send them to the specialized certification authority of Government.

2. Within 3 working days after receiving an application for change of content, the specialized certification authority of Government shall change content the digital certificate and notify the superior body of such a change.

If the application for change of content is refused, the specialized certification authority of Government shall provide the superior body with explanation.

Article 68. Cases of revocation of digital certificates

1. With regard to every types of digital certificates:

a) Expired digital certificates;

b) Upon the written request of the subscriber certified by the superior body in a case where: the private key is exposed or suspected of being exposed; security device is lost or other insecurity cases; security device is broken;

c) At the written request from presiding agencies, police authorities;

d) At the written request from subscribers’ managing units;

dd) Subscribers violating regulations on management and use of security devices prescribed in Article 74 of this Decree.

2. Regarding digital certificate of an individual:

a) Cases prescribed in clause 1 of this Article;

b) Changing working place no longer conformable with information in the digital certificate;

c) The individual has retired, resigned or died.

3. Regarding digital certificates of competent persons of agency/organization as prescribed in law on management and use of seals, state titles:

a) Cases prescribed in clauses 1 and 2 of this Article;

b) Changing the power of the agency/organization as prescribed in law on management and use of seals, changing state titles.

4. Regarding digital certificates of agencies and organizations:

a) Cases prescribed in clause 1 of this Article;

b) Agencies or organizations have dissolved.

5. Regarding digital certificates of devices, services and software:

a) Cases prescribed in clause 1 of this Article;

b) The device, service, software has stopped working.

Article 69. Power to apply for revocation of digital certificate

1. The specialized certification authority of Government has power to revoke expired digital certificates and notify the superior bodies of the revocation of security devices.

2. Any case of revocation of non-expired digital certificates requires an application for revocation sent to the superior body.

3. If an individual subscriber has retired, resigned, moved to another agency, or died, his/her superior body shall send an application for revocation of the digital certificate to the specialized certification authority of Government.

4. If a corporate subscriber has been dissolved, its superior body shall send an application for revocation of the digital certificate to the specialized certification authority of Government.

5. The application for revocation must be made in writing and sent to the specialized certification authority of Government as soon as possible.

Article 70. Application dossier and procedures for revocation of digital certificate

1. An application dossier for revocation of digital certificate includes:

a) An application for revocation of digital certificate certified by the superior body;

b) An application for revocation of digital certificate made by the presiding agency or police authority.

2. Procedures for revocation of digital certificate:

Within 12 hours after receiving an application for revocation, the specialized certification authority of Government shall invalidate the digital certificate and publish the revoked digital certificate on its website; and notify the superior body of the revocation of security devices.

Article 71. Revocation of security devices after digital certificate expires or is revoked

1. The subscriber who has an expired digital certificate or has the digital certificate revoked shall transfer security devices to the superior body.

2. The superior body shall revoke security devices if the individual subscriber has retired, resigned, died, or the corporate subscriber has been dissolved and then hand over them to the specialized certification authority of the Government.

3. Process of revocation of security devices:

a) Within 5 working days after revocation of digital certificate, the superior body shall revoke security devices of the expired or revoked digital certificate and hand over them to the specialized certification authority of Government.

b) All the process of handover of security devices shall be recorded in writing.

Article 72. Issuance of new digital certificate after digital certificate’s expiration or revocation

1. A subscriber who has an expired digital certificate or has the digital certificate revoked shall be considered being issued with a new digital certificate if it satisfies conditions prescribed in Article 63 of this Decree.

2. Application and procedures for issuance shall be the same as the issuance of initial digital certificate.

Article 73. Revalidation of security devices

1. Cases of revalidation of security devices:

a) A security device shall be locked if the user enters wrong password more than certain times established by the specialized certification authority of Government;

b) In order for the security device to work again, the security device revalidation process shall be performed;

c) Only the specialized certification authority of Government and its authorized bodies have rights to revalidate security devices;

d) A list of above-mentioned authorized bodies shall be published on the website of the specialized certification authority of Government.

2. Application dossier for revalidation of security devices:

An application for revalidation of security devices made by the subscriber certified by the superior body.

3. Process of revalidation of security devices:

a) The subscriber sends an application for revalidation of security devices certified by the superior body to the specialized certification authority of Government;

b) Within 24 hours after receiving an application for revalidation, the specialized certification authority of Government or its authorized body shall revalidate the security devices and notify the subscriber and the superior body.

Article 74. Management of security devices

1. Security devices shall be managed as prescribed by law in force.

2. Avoid using any device, program or any other form to change data or damage the security devices.

Chapter VIII

RIGHTS AND OBLIGATIONS OF SUBSCRIBERS, SIGNERS, RECIPIENTS, DIGITAL SIGNATURE DEVELOPERS AND PROVIDERS

Article 75. Rights and obligations of subscribers of public authentication of digital signatures

1. Having the right to request the public certification authorities to provide in writing the information specified in clause 8 of Article 32 of this Decree.

2. Having the right to request their public certification authorities to suspend, revoke digital certificates issued and take responsibility for that requirement.

3. Provide truthful and accurate information as prescribed for public certification authorities.

4. In case of self-creating key pairs by their own, subscribers must ensure that devices to create key pairs must be used according to the correct technical regulations and applicable mandatory standards.  This provision does not apply to cases where the subscribers lease equipment to create key pairs of public certification authorities.

5. Store and use their private keys safely, secretly during the valid and suspended period of their digital certificates.

6. Within 24 hours notify their public certification authorities, if detecting signs that their private keys are exposed, stolen, or used illegally to take measures to handle.

7. Upon agreeing to let the public certification authorities disclose their digital certificates as prescribed in clause 3 of Article 25 of this Decree or upon provided the digital certificates to other persons with the purpose for the transaction, the subscribers are deemed to have committed with recipients that subscribers are the one who hold lawfully private keys corresponding public keys on such digital certificates and the information on the digital certificates related to subscribers are true, and must comply with the obligations derived from such digital certificates.

8. Take legal liability if they violate Clause 3, 4, 5, 6 and 7 of this Article and relevant laws.

Article 76. Rights and obligations of subscribers of specialized certification authorities of agencies and organizations

1. Use services within the scope prescribed in the authentication regulation of the certification authority.

2. Store and use their private keys safely, secretly during the valid and suspended period of their digital certificates.

3. Within 24 hours notify their public certification authorities, if detecting signs that their private keys are exposed, stolen, or used illegally to take measures to handle.

Article 77. Rights and obligations of subscribers of foreign digital certificates permitted in Vietnam

1. Having rights and obligations similar to subscribers of public certification authorities according to scope, purposes prescribed in the license to use foreign digital certificates in Vietnam.

2. Within 24 hours notify their certification authorities and the Ministry of Information and Communications, if detecting signs that their private keys are exposed, stolen, or used illegally to take measures to handle.

Article 78. Obligations of signer before using digital signatures

Before digitally signing, the signer shall follow the procedures for digital certificate status inspection as follows:

1. Check their digital certificate's status in the technical system of the certification authority.

2. If the signer uses digital certificate issued by the public certification authority:  Check status of the digital certificate of such public certification authority in the technical system of Root Certification Authority.

3. If the checking results specified in Clauses 1 and 2 of this Article are valid, the signer shall use digital signatures. If the checking results specified in Clauses 1 and 2 of this Article are invalid, the signer shall not use digital signatures.

Article 79. Obligations to check validity of digital certificates, digital signatures when receiving digitally signed data message

1. Before accepting the signer's digital signature, the recipient must check the following information:

a) Digital certificate’s status, scope of use, liability limitation and information on the digital certificate;

b) The digital signature must be created by the private key corresponding to public key on the signer's digital certificate;

c) Regarding digital signatures created by foreign digital certificate licensed to be used in Vietnam, recipients must check validity of digital certificate in the system of Root Certification Authority and system of foreign certification authorities.

2. Recipients must carry out checking process as follows:

a) Check the digital certificate’s status at the time of using digital signature, scope of use, liability limitations and information on the digital certificate as prescribed in Article 5 of this Decree in the technical system of the certification authority;

b) If the signer uses digital certificate issued by the public certification authority:  Check status of the digital certificate of such public certification authority at the issuing time in the technical system of Root Certification Authority;

c) The digital signature in the data message is only valid if the checking results in Clauses 1 and 2 of this Article are also valid.

3. The recipient must take over liability in following cases:

a) Failure to comply with the provisions of clauses 1 and 2 of this Article;

b) Knew or informed of the unreliability of digital certificate and the signer's private key.

Article 80. Responsibilities of digital signature application developers

1. Having technical standards and mandatory standards on digital signatures and authentication of digital signatures in force.

2. Ensure technological neutrality and not use technical barriers to restrict the use of digital signatures of one or several certification authorities.

3. Update digital certificates of certification authorities in applications at their request or the requests of competent authorities as per the law to ensure the authentication result is correct.

4. Comply with process to check digital certificate’s status as prescribed in Article 78 and Clause 2 Article 79 of this Decree.

Article 81. Responsibilities of digital signature solution providers

1. Provide solutions meeting technical standards and mandatory standards on digital signatures and authentication of digital signatures in force.

2. Provide solutions in compliance with popular and advanced digital signature standards worldwide.

Chapter IX

IMPLEMENTATION

Article 82. Transitional provisions

Any legally operating certification authority shall, within 2 years from effective date of this Decree, meet the conditions for provision of service as prescribed in this Decree.

Article 83. Entry in force

1. This Decree comes into force as of November 15, 2018.

2. This Decree supersedes Government’s Decree No. 26/2017/ND-CP dated February 15, 2007 on guidelines for the Law on E-transactions about digital signatures and authentication of digital signatures, Government’s Decree No. 106/2011/ND-CP dated November 23, 2011 on amendments to Government’s Decree No. 26/2017/ND-CP and Government’s Decree No. 170/2013/ND-CP dated November 13, 2013 on amendments to Government’s Decree No. 26/2007/ND-CP and Decree No. 106/2011/ND-CP.

Article 84. Implementation

1. Ministries, ministerial-level agencies, Governmental agencies, provinces and central-affiliated cities and entities relevant to IT application in operation of regulatory bodies and provision of online public service system for citizens, enterprises shall accelerate application and use of digital signatures and authentication of digital signatures in accordance with this Decree to maintain security of electronic transactions between regulatory bodies and citizens, enterprises.

2. The ministers, heads of ministerial-level agencies, heads of governmental agencies, presidents of People's Committees of provinces and central-affiliated cities and relevant entities shall implement this Decree./.

 

ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc