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