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THE MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
25/2006/QD-BTM
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Hanoi, July 27, 2006
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DECISION
PROMULGATING THE REGULATION ON THE USE OF
DIGITAL SIGNATURES OF THE TRADE MINISTRY
THE MINISTER OF TRADE
Pursuant to the November 29, 2005 Law on
E-Transactions;
Pursuant to the Government's Decree No. 29/2004/ND-CP of January 16, 2004,
defining the functions, tasks, powers and organizational structure of the
Ministry of Trade;
Pursuant to the Government's Decree No. 57/2006/ND-CP of June 9, 2006, on
e-commerce;
Pursuant to the Prime Minister's Decision No. 94/2006/QD-TTg of April 27, 2006,
approving the plan on state administrative reform in the 2006-2010 period;
At the proposal of the director of the E-Commerce Department,
DECIDES:
Article
1.- To promulgate together with this Decision the Regulation on the
use of digital signatures of the Trade Ministry.
Article 2.- This Decision shall take effect 15 days after
its publication in "CONG BAO."
Article 3.- The directors of the Office and the E-Commerce
Department; heads of units, and cadres and civil servants of the Trade Ministry
shall have to implement this Decision.
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MINISTER OF TRADE
Truong
Dinh Tuyen
REGULATION
ON THE USE OF DIGITAL SIGNATURES OF THE TRADE
MINISTRY
(Promulgated together with the Trade Minister's Decision No.
25/2006/QD-BTM of July 27, 2006)
Chapter I
GENERAL PROVISIONS
Article
1.- Governing scope
This Regulation provides for the use of digital
signatures, grant of MOT-CA cards and management of the certification authority
system of the Trade Ministry.
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This Regulation shall apply to the following
subjects:
1. Units and individuals of the Trade Ministry.
2. Provincial/municipal Trade Services or Trade
and Tourism Services conducting online transactions with the Trade Ministry by
using software supplied by the Trade Ministry.
3. Enterprises using online public services
provided by the Trade Ministry;
4. Other organizations and individuals conducting
online transactions with the Trade Ministry and committing to observe the
provisions of this Regulation.
Article 3.- Interpretation of terms
In this Regulation, the terms below are
construed as follows:
1. Trade Ministry units and individuals include
departments, the inspectorate, the Office, the Office of the National Committee
for International Economic Cooperation, Vietnamese trade missions in foreign
countries, non-business units under the Ministry and cadres and civil servants
of these units.
2. Enterprises means enterprises using online
public services provided by the Trade Ministry.
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4. MOT-CA system means the whole information
technology equipment, MOT-CA cards and card readers, computer software, the
process of certifying digital signatures and other related elements applied by
the Trade Ministry to ensure reliable and safe use of digital signatures.
5. MOT means the Trade Ministry's website at
http://www.mot.gov.vn.
6. eMOT means the internal network of the trade
sector at http://emot.
7. Online public service means a public service
provided by the Trade Ministry to enterprises and citizens via the Internet.
8. Data message means information created,
transmitted, received or stored by electronic means.
9. Documents means all types of official letters
and documents in the forms of legal documents (laws, ordinances, orders,
resolutions, decrees, decisions, directives, and circulars) or administrative
documents (decisions and directives applied to specific cases, statements,
notices, programs, plans, schemes, reports, minutes, contracts, official
letters, official telegraphs, certificates, credentials, invitations, letters
of introduction, leave permits, travel papers, receipts, dossiers, dispatch
slips, forwarding slips), specialized documents and documents of political
organizations and socio-political organizations, treaties and other documents
and information (certificates of origin, export permits, statistical data,
etc.), sent by Trade Ministry units and individuals to one another or forwarded
to, or received from, subjects defined in Clauses 2, 3 and 4, Article 2.
10. E-document means a document in the form of
data message.
11. E-document bearing digital signatures means
e-document affixed with digital signatures created therefrom.
12. Digital signature means electronic data
included in, attached to, or rationally combined with an e-document based on
private key/public key technology in order to identify the person who signs
such e-document or confirm the signee's acceptance of information in such
e-document.
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Article
4.- Legal validity of digital signatures
E-documents bearing digital signatures shall be
as legally valid as signed and stamped paper documents.
Chapter II
RESPONSIBILITIES OF USERS
Article
5.- Registration for the grant of MOT-CA cards
Trade Ministry units and individuals and
subjects defined in Article 2, when wishing to use digital signatures, shall
register with the MOT-CA system-managing unit for the grant of MOT-CA cards,
supply of card readers and installation of related software.
Subjects defined in Clauses 3 and 4, Article 2,
shall have to pay expenses related to MOT-CA cards and other expenses for the
use of the MOT-CA system.
When receiving MOT-CA cards, recipients shall
sign a minutes on the hand-over of the card, a card reader and software for
installation.
Article 6.- Monitoring of the validity term of cards
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MOT-CA cards granted to subjects defined in
Clauses 3 and 4, Article 2, shall be valid for one year.
Upon the expiration of the aforesaid validity term,
users may register with the MOT-CA system-managing unit for the renewal of
cards or grant of new ones.
Article 7.- Responsibility for protection of cards and
personal identification numbers
Users shall have to protect their MOT-CA cards
while they are valid and return their expired cards to the unit that has
granted them.
In case of loss of cards or disclosure of
personal identification numbers (PIN), users shall promptly notify the MOT-CA
system-managing unit thereof for the latter to apply appropriate protective
measures.
Users shall have to bear full responsibility for
consequences arising from the loss of cards or disclosure of PIN.
Article 8.- Responsibility upon sending of e-documents
When sending e-documents, users shall archive
these e-documents in reliable media for use as proof when necessary.
When sending e-documents containing secret or
non-public contents, senders shall encrypt these documents by the encryption
tool of the MOT-CA system and bear full responsibility for consequences arising
from their failure to encrypt these e-documents.
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Users shall have to archive received e-documents
and information relating to digital signatures for use as proof when necessary.
When receiving e-documents bearing digital
signatures, addressees shall check the truthfulness of received e-documents
before using them.
When detecting signs of unreliability or
unsafety in the received e-documents, addressees shall have to notify the
senders or the MOT-CA system-managing unit thereof for application of handling
measures in accordance with law.
Chapter III
RESPONSIBILITIES OF THE
MOT-CA SYSTEM-MANAGING UNIT
Article
10.- The MOT-CA system-managing unit
The Trade Ministry's E-Commerce Department shall
be the unit in charge of managing the MOT-CA system.
Article 11.- Management of MOT-CA cards
The E-Commerce Department shall manage MOT-CA
cards, including the grant of cards to, and installation of related software
for, units and individuals wishing to use digital signatures, the suspension of
the validity of cards for a given period of time or the withdrawal of cards
from users who violate this Regulation, the Trade Ministry's regulations and
other provisions of law.
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To post the form of registration for use of
digital signatures on the MOT and eMOT.
Article 12.- Assurance of the quality of cards
The E-Commerce Department shall have to ensure
that each MOT-CA card contains a private key and a corresponding public key,
some information on its holder, its validity term, and other related
information that enable the card holder to sign e-documents with such card.
Article 13.- Supply of information to users
The E-Commerce Department shall provide for the
validity term of cards through MOT-CA cards and software installed at users'
computers or by other means.
Article 14.- Technical management of the MOT-CA system
The E-Commerce Department shall have to ensure
the stable, safe and continuous operation of information technology equipment
and computer software of the MOT-CA system, research and develop advanced
digital signature technology compatible with the Trade Ministry's operation.
Article 15.- Training of users
The E-Commerce Department shall train users on
the benefits brought about by digital signatures in the MOT-CA system, the
skill of signing on e-documents, preservation of cards and other matters in
order to support users to efficiently exploit the MOT-CA system.
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ORGANIZATION OF
IMPLEMENTATION
Article
16.- Organization of implementation
The E-Commerce Department shall elaborate a plan
on the application of the MOT-CA system in conformity with the Trade Ministry's
and the Government's plans on administrative modernization and
e-administration.
Trade Ministry units and individuals shall
coordinate with the E-Commerce Department in applying the MOT-CA system and
promptly notify the E-Commerce Department or the Ministry's leadership of
difficulties arising during the development of this system.
Article 17.- Handling of violations
Those who intentionally forge digital
signatures, hack the Trade Ministry's MOT-CA system or commit acts of
destroying this system shall be held responsible before law for their
violations.