Chương II Nghị định 130/2018/NĐ-CP: Chữ ký số và chứng thư số

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.