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.
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