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.
Tìm kiếm
Nghị định 130/2018/NĐ-CP (Bản Pdf)
Nghị định 130/2018/NĐ-CP (Bản Word)