Thông tư 06/2024/TT-BTTTT

THÔNG TƯ

QUY ĐỊNH CÔNG NHẬN TỔ CHỨC CUNG CẤP DỊCH VỤ CHỨNG THỰC CHỮ KÝ ĐIỆN TỬ NƯỚC NGOÀI TẠI VIỆT NAM; CÔNG NHẬN CHỮ KÝ ĐIỆN TỬ, CHỨNG THƯ CHỮ KÝ ĐIỆN TỬ NƯỚC NGOÀI TẠI VIỆT NAM

Căn cứ Luật giao dịch điện tử ngày 22 tháng 06 năm 2023;

Căn cứ Nghị định số 48/2022/NĐ-CP ngày 26 tháng 7 năm 2022 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Thông tin và Truyền thông;

Theo đề nghị của Vụ trưởng Vụ Pháp chế và Giám đốc Trung tâm Chứng thực điện tử quốc gia;

Bộ trưởng Bộ Thông tin và Truyền thông ban hành Thông tư quy định về công nhận tổ chức cung cấp dịch vụ chứng thực chữ ký điện tử nước ngoài tại Việt Nam; công nhận chữ ký điện tử, chứng thư chữ ký điện tử nước ngoài tại Việt Nam.

CIRCULAR

providing regulations on the recognition as foreign e-signature authentication service providers in Vietnam; and the recognition of foreign e-signatures, and foreign e-signature certificates in Vietnam

Pursuant to the Law on Electronic Transaction dated June 22, 2023;

Pursuant to Decree No. 48/2022/ND-CP dated July 26, 2022 of the Government on functions, tasks, powers and organizational structure of the Ministry of Information and Communications of Vietnam;

At the request of the Director General of the Legislation Department and Director of the National Electronic Authentication Center (NEAC);

The Ministry of Information and Communications hereby promulgates a Circular providing regulations on the recognition as foreign e-signature authentication service providers in Vietnam; and the recognition of foreign e-signatures, and foreign e-signature certificates in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for the recognition as foreign e-signature authentication service providers in Vietnam; and the recognition of foreign e-signatures, and foreign e-signature certificates in Vietnam.

Article 2. Regulated entities

This Circular applies to foreign e-signature authentication service providers that apply for recognition in Vietnam; foreign organizations and individuals, Vietnamese organizations and individuals wishing to enter into transactions with organizations and individuals of foreign countries in which e-signatures and e-signature certificates of domestic service providers have not been recognized; organizations and individuals related to the recognition as foreign e-signature authentication service providers in Vietnam; recognition of foreign e-signatures and foreign e-signature certificates in Vietnam.

Chapter II

RECOGNITION AS FOREIGN E-SIGNATURE AUTHENTICATION SERVICE PROVIDERS IN VIETNAM; AND RECOGNITION OF FOREIGN E-SIGNATURES, AND FOREIGN E-SIGNATURE CERTIFICATES IN VIETNAM

Article 3. Application for recognition as foreign e-signature authentication service providers in Vietnam

An application for recognition as a foreign e-signature authentication service provider in Vietnam includes explanations and documentary evidences for the eligibility of the provider specified in clause 1 Article 26 of the Law on Electronic Transaction. In particular:

1. A written request for recognition as the e-signature authentication service provider using Form No. 01 enclosed herewith.

2. Consular legalization documents and notarized translations of licenses or certificates proving legal establishment and operation in the country of registration of operation; A commitment to the provider’s operation for 06 months before the date on which the application is submitted.

3. A notarized translation of the technical audit report of the e-signature authentication service system from the auditing organization that is legally operated in the country in which the operation has been successfully registered within 06 months before the date on which the application is submitted.

4. Documents proving the eligibility of the provider specified in point b clause 1 Article 26 of the Law on Electronic Transaction.

Technical documents proving foreign e-signatures, and foreign e-signature certificates provided by the foreign e-signature authentication service provider meet technical regulations and standards on e-signatures and e-signature certificates according to regulations of Vietnamese law or international treaty to which Vietnam is a signatory;

5. Documents proving the eligibility of the provider specified in point c clause 1 Article 26 of the Law on Electronic Transaction, including:

a) At lease 01 foreign e-signature certificates of the subscriber enclosed with that subscriber's user registration document.

b) Documentary evidence of issued regulations on the subscriber's profile, procedures for verification and authentication of subscribers' identification information.

6. A foreign e-signature certificate has legal value and has its status updated by the foreign e-signature authentication service provider on the Trust service authentication system of the national e-signature authentication service provider. The update of the status of foreign e-signature certificates is in accordance with the technical instructions of the National electronic signature authentication service provider.

Information fields on foreign e-signature certificates must include minimum information as prescribed by Vietnamese law to serve the checking of the status of foreign e-signature certificates on the Trust service authentication system.

7. The valid copy of a Certificate of operation registration of a representative office in Vietnam.

Article 4. Procedures for recognition as foreign e-signature authentication service providers in Vietnam

1. A foreign e-signature authentication service provider shall submit an application for recognition as a foreign e-signature authentication service provider in Vietnam in person or by post or online according to the following instructions:

a) Send in person or by post to the Ministry of Information and Communications (via the National electronic authentication service provider), at 18 Nguyen Du str., Hai Ba Trung dist., Hanoi.

b) Submit online via the online public service system (via National public service portal, at https://dichvucong.gov.vn or the Public service portal of the Ministry of Information and Communications, at https://dichvucong.mic.gov.vn).

c) Documents issued, recognized or certified by foreign competent agencies and organizations must be consularly legalized in accordance with Vietnamese law (except for cases exempted from consular legalization under provisions of law on consular legalization) and translated into Vietnamese and notarized.

2. Within 45 days from the date of receiving a valid application, the Ministry of Information and Communications (the National electronic authentication service provider) shall cooperate with the Ministry of Public Security in considering and evaluating the application and checking the status of the e-signature certificate of the e-signature authentication service provider applying for recognition in Vietnam.

3. In case the prescribed conditions are met:

a) The Ministry of Information and Communications shall issue a certificate of recognition as the foreign e-signature authentication service provider in Vietnam. The certificate of recognition as the foreign e-signature authentication service provider is made according to Form No. 02 enclosed herewith.

b) The national e-signature authentication service provider shall recognize the e-signature certificate for the foreign e-signature authentication service provider that was recognized in Vietnam and publish such e-signature certificate on the Trust service authentication system.

4. If prescribed requirements are not satisfied, the Ministry of Information and Communications shall send a notification of refusal with explanation for that.

5. In case where administrative procedures are followed by an electronic mean or online public service, the receipt and processing of the application and response shall comply with the Government's regulations on following of administrative procedures by electronic means, provision of online public services by regulatory agencies by electronic means and electronic transaction laws.

Article 5. Term of recognition as foreign e-signature authentication service providers in Vietnam

1. The term of recognition as a foreign e-signature authentication service provider in Vietnam is in accordance with the license to provide the service by such provider in the host country and must not exceed the term of the e-signature certificate of such provider.

2. In case the information is changed, resulting in a change in the e-signature certificate of a foreign e-signature authentication service provider that was recognized in Vietnam, the foreign e-signature authentication service provider shall send a report on the change and a proposal for re-recognition of the e-signature certificate according to the application and procedures mentioned in Article 3 and Article 4 of this Circular.

Article 6. Applications for recognition of foreign e-signatures, foreign e-signature certificates in Vietnam

An application for recognition of a foreign e-signature or a foreign e-signature certificate in Vietnam includes explanations and documentary evidences for the eligibility of the signature or certificate specified in clause 2 Article 26 of the Law on Electronic Transactions. In particular:

1. The application form No. 03 enclosed herewith.

2. Technical documents proving the foreign e-signature, or the foreign e-signature certificate meets technical regulations and standards on e-signatures and e-signature certificates according to regulations of Vietnamese law or international treaty to which Vietnam is a signatory;

3. The foreign e-signature certificate proposed for recognition in Vietnam must include minimum information fields as prescribed by Vietnamese law to serve the checking of the status of the foreign e-signature certificate on the Trust service authentication system.

4. The following documents for proving that the foreign e-signature certificate is created on the basis of personally identifiable information (PII), which has been verified, of a foreign organization or individual, including:

a) For a Vietnamese organization: Decision on establishment or decision on functions, tasks, powers, organizational structure of the organization or certificate of business registration or investment certificate and citizen ID card or ID card or ID certificate or passport of the legal representative of the organization; or eID account of the organization.

b) For a Vietnamese individual: ID card or eID card or ID certificate or passport or level 2 eID account.

c) For a foreign organization: Document from a Vietnamese competent authority permitting legal operations of the organization in Vietnam.

d) For a foreign individual: Passport with visa or document from a Vietnamese authority confirming legal residence of the individual in Vietnam.

dd) In case where the individual/organization is authorized to use the foreign e-signature or the foreign e-certificate, the authorized organization or individual must have a written authorization for legal use of the e-signature and the information of the subscriber granted the foreign e-signature certificate must match the information in the written authorization.

5. The notarized translation of the license or certificate proving that the foreign e-signature authentication service provider that issues the foreign e-signature certificate proposed for recognition in Vietnam is established and is operating legally in the country of operation registration.

6. The individual or organization has the right to choose to submit a copy from the master register, a certified copy, or a copy enclosed with the original for comparison or provide authenticated electronic data.

Article 7. Procedures for recognition of foreign e-signatures, foreign e-signature certificates in Vietnam

1. An individual or organization shall submit an application for recognition of a foreign e-signature or a foreign e-signature certificate in Vietnam in person or by post or online according to the following instructions:

a) Send in person or by post to the Ministry of Information and Communications (via the National electronic authentication service provider), at 18 Nguyen Du Str. - Hai Ba Trung Dist. - Hanoi.

b) Submit online via the online public service system (via National public service portal, at https://dichvucong.gov.vn or the Public service portal of the Ministry of Information and Communications, at https://dichvucong.mic.gov.vn).

c) Documents issued, recognized or certified by foreign competent agencies and organizations must be consularly legalized in accordance with Vietnamese law (except for cases exempted from consular legalization under provisions of law on consular legalization) and translated into Vietnamese and notarized.

2. Within 30 days from the date of receiving a valid application, the Ministry of Information and Communications (the National electronic authentication service provider) shall cooperate with the Ministry of Public Security in considering and evaluating the application and checking the foreign e-signature certificate proposed for recognition. In case it is necessary to verify information in documents, the time limit for response is 65 days from the date of receipt of the valid application.

3. In case the prescribed conditions are met:

a) The Ministry of Information and Communications shall issue a certificate of recognition using the form in Form No. 04 enclosed with this Circular.

b) The national electronic authentication service provider shall update the recognized foreign e-signature certificate into the trusted list and publish it on the Trust service authentication system.

4. If prescribed requirements are not satisfied, the Ministry of Information and Communications shall send a notification of refusal with explanation for that.

5. In case where administrative procedures are followed by an electronic mean or online public service, the receipt and processing of the application and response shall comply with the Government's regulations on following of administrative procedures by electronic means, provision of online public services by regulatory agencies by electronic means and electronic transaction laws.

Article 8. Period of recognition of foreign e-signatures, foreign e-signature certificates in Vietnam

1. The term for recognition of a foreign e-signature or a foreign e-signature certificate in Vietnam is 05 (five) years but must not exceed the validity period of that e-signature certificate.

2. In case the information is changed, resulting in a change in the foreign e-signature or the foreign e-signature certificate that was recognized in Vietnam, the individual or organization shall send a report on the change and a proposal for re-recognition of the foreign e-signature or the foreign e-signature certificate according to the application and procedures mentioned in Article 6 and Article 7 of this Circular.

Chapter III

IMPLEMENTATION

Article 9. Implementation

1. Any foreign e-signature authentication service provider that was recognized in Vietnam shall, after each year of operation, submit a Technical audit report and Report on service provision in Vietnam within the reporting period to the Ministry of Information and Communications. These reports must be submitted within the first 30 days of the next year of operation. The results of the Technical audit report and operational status report are the basis for the Ministry of Information and Communications to consider:

a) continuing recognition if the results of the audit report of the year of operation meet the technical standards and regulations on e-signatures and e-signature certificates according to application Vietnamese laws or recognized international standards or international treaties to which the Socialist Republic of Vietnam is a signatory.

b) terminating recognition under decisions of the Ministry of Information and Communications if the results of the audit report of the year of operation fail to meet the technical standards and regulations on e-signatures and e-signature certificates according to application Vietnamese laws or recognized international standards or international treaties to which the Socialist Republic of Vietnam is a signatory.

2. Foreign e-signature authentication service providers that were recognized in Vietnam shall:

a) Provide services in a manner that ensures the right subjects, scope and compliance with regulations on issuance, revocation and suspension of e-signature certificates for subscribers and is similar to provide public digital signature authentication services in Viet Nam.

b) Provide national electronic authentication service providers with information on the number of e-signature certificates provided in Vietnam that are valid, suspended, or revoked; Subscribers’ information and proofs of subscribers’ information in the providers’ centralized database that have been collated, authenticated, entered, stored, and managed in accordance with legal regulations to serve state management in terms of e-signature authentication services.

3. Organizations and individuals using foreign e-signatures and foreign e-signature certificates that were recognized in Vietnam have the following responsibilities:

a) Use them in a manner that ensures the right scope and purposes specified in clause 3 Article 26 of the Law on Electronic Transactions.

b) Have the same rights and responsibilities as those of subscribers using public digital signature authentication services in using foreign e-signatures and foreign e-signature certificates that were recognized in Vietnam.

Article 10. Transition clauses

Foreign digital signature service providers and foreign digital certificates that were recognized in Vietnam according to Decree No. 130/2018/ND-CP dated September 27, 2018 of the Government are allowed to continue operating and being used until the end of the recognition period.

Article 11. Effects

This Circular comes into force from August 15, 2024, excluding the regulations in Article 10 hereof./.

Form No. 01 of Circular No.     /2024/TT-BTTTT dated       of the Minister of Information and Communications on the recognition as foreign e-signature authentication service providers in Vietnam; and the recognition of foreign e-signatures, and foreign e-signature certificates in Vietnam

APPLICATION FOR RECOGNITION AS FOREIGN E-SIGNATURE AUTHENTICATION SERVICE PROVIDER IN VIETNAM

To: The Ministry of Information and Communications.

Pursuant to the Law on Electronic Transaction dated June 22, 2023;

Pursuant to Decree No. ………..,

Pursuant to Circular No. ……../2024/TT-BTTTT dated ………… of the Minister of Information and Communications on the recognition as foreign e-signature authentication service providers in Vietnam; and the recognition of foreign e-signatures, and foreign e-signature certificates in Vietnam.

 (Name of the foreign e-signature authentication service provider) proposed for recognition by the Ministry of Information and Communications in Vietnam in terms of the following contents:

1. Information about the provider

- Business name: ...........................................................................................................

License or certificate proving the legal establishment and operation in the nation where the provider registers its operations:

...................................................................................................................................

Address: .......................................................................................................................

Phone number: …………………………………. Fax: ……………..

Email: …………………………………….. Website: .........................................................

Certificate of operation registration of the representative office: .......................................

Address: .......................................................................................................................

Phone number: ..................................................................................................................

Head of the representative office: ...........................................................................

Contact information of the head of the representative office: ............................................

2. The application for recognition as foreign e-signature authentication service provider in Vietnam includes

3. Declaration

 (Name of the provider) hereby declares assumption of responsibility for the accuracy of the above information and attached documents, and the compliance with the provisions of Vietnamese law on the provision of e-signature authentication services and related laws./.

Form No. 02 of Circular No.     /2024/TT-BTTTT dated       of the Minister of Information and Communications on the recognition as foreign e-signature authentication service providers in Vietnam; and the recognition of foreign e-signatures, and foreign e-signature certificates in Vietnam

RECOGNITION AS FOREIGN E-SIGNATURE AUTHENTICATION SERVICE PROVIDER IN VIETNAM

 (effective until …/…/…)

Minister of Information and Communications of Vietnam

Pursuant to the Law on Electronic Transaction dated June 22, 2023;

Pursuant to Decree No. ………..,

Pursuant to Circular No. ……../2024/TT-BTTTT dated ………… of the Minister of Information and Communications on the recognition of foreign e-signature authentication service providers in Vietnam; and the recognition of foreign e-signatures, and foreign e-signature certificates in Vietnam.

Considering the application for recognition as a foreign e-signature authentication service provider in Vietnam of ………… (the foreign e-signature authentication service provider);

At the request of ….,

HEREBY RECOGNIZES

Article 1. (Name of the foreign e-signature authentication service provider), headquartered in ................, whose representative office is located in ................... is recognized in Vietnam according to the following information: 

1. Business name: .........................................................................................................

2. Services and subjects for which services are provided: ...............................................

3. Method of storing subscriber's secret key: .............................................................

4. Applied technical regulations and standards

...................................................................................................................................

Article 2. (Name of the foreign e-signature authentication service provider) shall comply with the regulations in Article 1 and regulations of Vietnamese law on the provision of e-signature authentication services in Vietnam and relevant laws.

Article 3. This recognition comes into force from the day on which it is signed./.

Form No. 03 of Circular No.     /2024/TT-BTTTT dated       of the Minister of Information and Communications on the recognition of foreign e-signature authentication service providers in Vietnam; and the recognition of foreign e-signatures, and foreign e-signature certificates in Vietnam.

APPLICATION FOR RECOGNITION OF FOREIGN E-SIGNATURE, FOREIGN E-SIGNATURE CERTIFICATE IN VIETNAM

To: The Ministry of Information and Communications.

Pursuant to the Law on Electronic Transaction dated June 22, 2023;

Pursuant to Decree No. ………..,

Pursuant to Circular No. …../2024/TT-BTTTT dated ………… of the Minister of Information and Communications on the recognition of foreign e-signature authentication service providers in Vietnam; and the recognition of foreign e-signatures, and foreign e-signature certificates in Vietnam.

 (Name of the applicant) applies for a license to use a foreign e-signature and a foreign e-signature certificate in Vietnam with the following information:

1. Information about the applicant

Business name: .............................................................................................................

Decision on establishment/business license (if the applicant is an organization) No. ……………… issued by…………. on............[date]......

ID card/Passport (if the applicant is an individual) No. ……………. issued by …………… on …………[date]……………..

Address: .......................................................................................................................

Phone number: ………………………….. Fax (for organization):...............................

Email: …………………………….... Website (for organization): ....................................

Type of digital certificate: ……………………………… issued by (name of the foreign digital signature service provider).

Serial number (SN): .....................................................................................................

Common name (CN): ...................................................................................................

Valid from ..........[date]........... to ................[date] .........................

2. The application

3. Declaration

 (Name of the applicant) hereby declares assumption of responsibility for the accuracy of the above information and attached documents, and the compliance with the provisions of Vietnamese law on the use of e-signatures and related laws./.

Form No. 04 of Circular No.     /2024/TT-BTTTT dated       of the Minister of Information and Communications on the recognition of foreign e-signature authentication service providers in Vietnam; and the recognition of foreign e-signatures, and foreign e-signature certificates in Vietnam

RECOGNITION OF FOREIGN E-SIGNATURE, FOREIGN E-SIGNATURE CERTIFICATE IN VIETNAM

 (effective until …/…/…)

MINISTER OF INFORMATION AND COMMUNICATIONS OF VIETNAM

Pursuant to the Law on Electronic Transaction dated June 22, 2023;

Pursuant to Decree No. ………..,

Pursuant to Circular No. …../2024/TT-BTTTT dated ………… of the Minister of Information and Communications on the recognition of foreign e-signature authentication service providers in Vietnam; and the recognition of foreign e-signatures, and foreign e-signature certificates in Vietnam.

Considering the application for recognition of foreign e-signature and foreign e-signature certificate in Vietnam of ……… (Name of organization/individual);

At the request of ….,

HEREBY RECOGNIZES

Article 1. (Name of the organization or individual) located at/headquartered at ………, which have a Decision on establishment/Business license/ID card/Passport: ... Issued by ……….. on …………….., is permitted to use the foreign e-signature and the foreign e-signature certificate in Vietnam with the following information:

1. Information on the foreign digital certificate

Type of digital certificate: ……………………………… issued by (name of the foreign digital signature service provider).

Serial number: .............................................................................................................

Validity period: .......................................................................................................

2. Uses

...................................................................................................................................

...................................................................................................................................

3. Other information (if any): <0}

...................................................................................................................................

...................................................................................................................................

Article 2. (Name of the organization/individual) shall comply with the regulations in Article 1 and Vietnamese law, fulfill rights and obligations of the organization/individual to use the foreign e-signature and the foreign e-signature certificate in Vietnam specified in the Law on E-transactions, Decree No. .../.../ND-CP dated ……….. of the Government on ………… and relevant laws./.

Article 3. This recognition comes into force from the day on which it is signed./.