THE
STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
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No.
04/2008/QD-NHNN
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Hanoi,
February 21, 2008
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DECISION
ON THE ISSUANCE OF REGULATION ON THE ISSUANCE, MANAGEMENT, USE
OF DIGITAL SIGNATURE, DIGITAL DEED AND DIGITAL SIGNATURE CERTIFICATION SERVICE
OF THE STATE BANK OF VIETNAM
THE GOVERNOR OF THE STATE BANK
- Pursuant to the Law on the
State Bank of Vietnam issued in 1997 and the Law on the amendment, supplement
of several articles of the Law on the State Bank of Vietnam in 2003;
- Pursuant to the Law on Credit Institutions issued in 1997 and the Law on the
amendment, supplement of several articles of the Law on Credit Institutions
issued in 2004;
- Pursuant to the Law on electronic transaction issued in 2005;
- Pursuant to the Decree No.52/2003/ND-CP dated 19/5/2003 of the Government
providing for the function, assignment, authority and organizational structure
of the State Bank of Vietnam;
- Pursuant to the Decree No. 35/2007/ND-CP dated 08/03/2007 of the Government
on electronic transaction in banking activity;
- Pursuant to the Decree No. 26/2007/ND-CP dated 25/02/2007 of the Government
providing in details for the implementation of the Law on electronic transaction
concerning digital signature and digital signature certification service;
- Upon the proposal of the Director of the Banking Informatics Technology
Department,
DECIDES:
Article 1.
To issue in conjunction with this Decision the Regulation
on issuance, management, use of digital signature, digital deed and digital
signature certification service of the State Bank of Vietnam.
Article 2.
This Decision shall be effective after 15 days since its
publication on Official Gazette.
Article 3.
The Director of the Administrative Department, the
Director of the Banking Informatics Technology Department, Head of units of the
State Bank, General Manager of the State Bank branch in provinces, cities under
the Central Governments management; Chairperson of the Board of Directors,
General Director (Director) of Credit Institutions, State Treasury and other
organizations engaging in electronic transactions shall be responsible for the
implementation of this Decision.
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FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY GOVERNOR
Phung Khac Ke
REGULATION
ON THE ISSUANCE, MANAGEMENT, USE OF DIGITAL SIGNATURE,
DIGITAL DEED AND DIGITAL SIGNATURE CERTIFICATION SERVICE OF THE STATE BANK OF
VIETNAM
(Issued in conjunction with the Decision No. 04/2008/QD-NHNN dated 21
February 2008)
Chapter I
GENERAL PROVISIONS
Article 1.
Governing scope
This Regulation shall provide
for the issuance, management and use of digital signature, digital deed and
digital signature certification service in electronic transactions provided by
the State Bank of Vietnam.
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This Regulation shall be applied
to organizations, individuals of the State Bank, credit institutions, State
Treasury and other organizations which choose and use the digital signature
certification service of the State Bank in electronic transactions organized by
the State Bank.
Article 3.
Interpretation
Terms stated in this Regulation
shall be construed as follows:
1. Digital deed is a kind of
electronic deed issued by the organization which supplies digital signature
certification service of the State Bank.
2. Digital signature
certification service is one form of service supplied by the organization
providing digital signature certification service of the State Bank. The
digital signature certification service includes:
a) Creating a pair of keys,
including public key and secret key for each subscriber;
b) Issuing, extending,
suspending, recovering and revoking digital deed of subscriber;
c) Maintaining online database
of digital deeds;
d) Other services in accordance
with provisions of the Decree on digital signature.
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4. Subscriber managing
organization means units of the State Bank; credit institutions, State Treasury
or other organizations requesting for the issuance of digital deeds to their
organizations, individuals and taking responsibility for the management of
those organizations, individuals in accordance with provisions of applicable
laws.
5. Electronic transactions of
the State Bank are activities, operations performed by electronic mode of the
State Bank.
6. Decree on digital signature
is the Decree No. 26/2007/ND-CP dated 15/02/2007 of the Government providing
for the implementation of the Law on electronic transactions concerning digital
signature and digital signature certification service.
Article 4.
Digital signature certification service supplier of the State Bank.
1. The digital signature
certification service supplier of the State Bank (hereinafter referred to as
the digital signature service supplier) managed, run by the Banking Informatics
Technology Department and is the unique organization of the State Bank
providing digital signature certification service.
2. The digital signature service
supplier of the State Bank belongs to the form of organization providing
specialized digital signature certification service.
Article 5.
Digital deed
1. Contents of a digital deed:
a) Name of digital signature
service supplier;
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c) Name of organization managing
the subscriber;
d) Number of digital deed;
e) Effective period of digital
deed;
f) Public key of subscriber;
g) Digital signature of the
digital signature service supplier;
h) Limits of purpose, scope of
using the digital deed;
i) Limits of legal
responsibilities of the digital signature service supplier;
k) Other information for the
purpose of management, use, safety, security stipulated by the digital
signature service supplier.
2. Effective period of the
digital deed:
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b) Not in excess of 5 years for
digital deed of subscriber.
Article 6.
Rights and obligations of parties
1. Rights and obligations of the
digital signature service supplier:
a) The digital signature service
supplier shall have the following rights:
- To issue, extend, suspend,
revoke, recover digital deeds and change the pair of keys for subscribers upon
their request;
- To keep the copy of secret key
of the pair of encoded keys of subscribers and to be entitled to use this
secret key only when obtaining permission from the Governor of the State Bank
or person authorized by the Governor of the State Bank;
b) The digital signature service
supplier shall be obliged:
- To manage, operate the
technical equipment system used to provide the digital signature certification
service of the State Bank;
- To prepare standby solution to
ensure the safe and continuous provision of digital signature certification
service of the State Bank;
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- To distribute keys and digital
deeds to subscribers;
- To disclose the list of
issued, suspended or revoked digital deeds;
- To ensure the safety, security
of secret keys of subscribers in case of accepting the authorization by
subscribers to keep the copy of their secret keys;
- To keep information of
subscribers digital deed for at least 05 months since its revocation;
- To destroy digital deeds and
related database of which preservation period expires in accordance with
provisions of Article 19 of this Regulation unless otherwise provided for by
competent State agencies;
- To provide guidance and
facilitate the organization managing subscribers, subscribers to correctly
implement provisions of this Regulation.
c) The digital signature service
supplier shall not be obliged to examine each concrete electronic transaction
of subscribers.
2. Rights and obligations of the
subscriber managing organization:
a) The subscriber managing
organization shall have the following rights:
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- To be entitled to request the
digital signature service supplier to issue, extend, suspend, recover, revoke
digital deeds or change pair of keys for subscribers they are in charge of.
b) The subscriber managing
organization shall be obliged:
- To be responsible for the
accuracy of information stated on the application for issuance, extension,
suspension, recovery, revocation of digital deeds and change of pair of keys of
subscribers they are in charge of;
- To provide guidance on,
examine and facilitate the use of digital deeds and secret keys by subscribers
they are in charge of, in accordance with provisions of this Regulation;
- To timely give a written
notice to the digital signature service supplier of the suspension or
revocation of digital deeds of subscribers in the following cases: the
subscriber is temporally off work, quits job or moves to another organization;
subscriber changes to a new job and does not use the issued digital deed and
other cases originating from demand of the organization managing subscribers.
3. Rights and obligations of subscriber:
a) The subscriber shall have the
following rights:
- To be provided with guiding
information of the sequences, procedures of issuance, management and use of
digital deed;
- To request the issuance, extension,
suspension, recovery, revocation of digital deed or change of pair of keys
through the subscriber managing organization;
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b) The subscriber shall be
obliged:
- To use digital deed in
accordance with the registered purpose;
- To preserve and use secret
key, database saved in the archive device of secret keys in accordance with the
Confidential regime;
- To timely give a notice to the
digital signature service supplier and the subscriber managing organization in
case of discovering or suspecting the unsafeness of digital deeds, secret keys;
- To respect other provisions on
the issuance, management and use of digital deeds.
Chapter II
SUBSCRIBER AND
SUBSCRIBER MANAGING ORGANIZATION
Article 7.
Issuance of digital deed
1. Individual who, organization
which requests for the issuance of digital deed must satisfy the following
conditions:
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b) Accepting the provisions for
subscribers stipulated in this Regulation.
2. The application file for the
issuance of digital deeds includes:
- A written application for the
issuance of digital deed sent by the subscriber managing organization to the
digital signature service supplier, attached;
- Valid copy of the decision on
the establishment of the subscriber managing organization in respect of the
application for the first issue of digital deed (not applicable to units of the
State Bank);
- An application for the
issuance of digital deed (under the Form No.1) of individuals, organizations
subject to the management of the subscriber managing organization.
3. In case of creating pair of
keys by themselves, the subscriber shall have to create the pair of keys within
the period stipulated in the notice of approval of the issuance of digital
deed. In the event where the subscriber cannot create the pair of keys in the
regulated time, the subscriber managing organization shall be obliged to send a
written request for the extension of key creation for subscriber to the digital
signature service supplier.
4. Subscriber shall be obliged
to use the archive device of secret keys in accordance with technical standard
stipulated by the digital signature service supplier.
Article 8.
Extension of digital deed
1. The digital deed requested
for the extension must ensure that its using time is still in effect for at
least 30 days.
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3. Each digital deed shall be
extended for 03 times at the maximum, each time of extension shall not be in
excess of 01 year.
Article 9.
Suspension of digital deed
1. Digital deed of subscriber
shall be suspended in the following cases:
a) Upon the written request from
subscriber (under the Form No. 3) in such cases when secret keys are revealed
or suspected of being revealed; archive devices of secret keys are lost, copied
illegally or other unsafe cases;
b) Upon a written request from
competent State agencies;
c) Upon a written request from the
subscriber managing organization;
d) Availability of sufficient
foundations to define the subscribers violating provisions of this Regulation;
dd. The digital signature
service supplier detects any error, mistake that may affect rights and
interests of subscribers or security, safe of the system providing digital
signature certifying service.
2. The maximum time of
suspending digital deed shall be 06 months.
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1. Digital deed of subscribers
shall be revoked in the following cases:
a) Its using term expires;
b) Upon a written request from
competent State agencies;
c) Upon a written request from
the subscriber managing organization;
d) The subscriber managing
organization, subscribers are dissolved or go bankrupt in accordance with
provisions of applicable laws;
e) Availability of sufficient
foundations to define the subscribers violating provisions on management, use
of secret keys and archive device of secret keys stipulated in this Regulation;
2. The digital deeds to be
revoked after the expiry of preserving time shall be destroyed in accordance
with provisions of Article 19 of this Regulation unless otherwise provided for
by competent State agencies.
Article 11.
Change of pair of keys
1. The subscriber requesting for
the change of pair of keys shall be obliged to ensure that its using time is
still in effect for at least 30 days.
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Article 12.
Examination of digital signature
1. Before accepting digital
signature of the signer, the receiver must examine the following information:
a) The effectiveness, scope of
use, responsibility limit of digital deed of the signer and digital signature
of the digital signature service supplier;
b) The digital signature must be
created by secret key correlative with public key written on the digital deed
of the signer.
2. The receiver shall be
responsible for any damage occurring in the following cases:
a) Do not respect provisions
stipulated in paragraph 1 of this Article;
b) Have known or be informed of
the unsafeness of digital deed and secret key of the signer.
Chapter
III
THE DIGITAL SIGNATURE
SERVICE SUPPLIER
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The digital signature service
supplier shall be responsible for:
1. To provide organizations,
individuals requesting for the issuance of digital deeds with the following
information:
a) The scope, limit of use of
digital deed, requirements of confidentiality and other information that may
affect rights and interests of organizations, individuals requesting for the
issuance of digital deed;
b) To request subscribers to create,
preserve and use secret keys;
c) Other contents stipulated by
the digital signature service supplier in order to ensure the security, safety
of the digital signature supplying system.
2. Within 10 working days from
the receipt of valid application file for the issuance or extension of digital
deed, the digital signature service supplier shall be responsible for the
examination, issuance of the digital deed or extension of digital deed to
subscribers that fully meet conditions or giving a written refusal which states
clearly reason thereof if subscribers fail to meet full conditions for the
issuance or extension of the digital deed.
3. To disclose the list of newly
issued digital deeds to subscribers within the period stipulated in Article 18
of this Regulation.
Article 14.
Suspension, revocation of digital deed
The digital signature service
supplier shall be responsible:
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2. To preserve information
relating to the suspension or revocation of digital deed during 05 years at the
minimum from the suspension, or revocation of digital deed.
3. In case of availability of
sufficient foundation for the suspension, revocation of the digital deed, the
digital signature service supplier must immediately suspend and revoke the
digital deed, at the same time inform the subscriber and disclose the list of
suspended, revoked digital deeds in accordance with provisions in Article 18 of
this Regulation.
Article 15.
Recovery of digital deed
The digital signature service
supplier is responsible for the recovery of the digital deed for the subscriber
in following cases:
1. Upon the written request from
the competent State agencies;
2. Upon the written request from
the subscriber managing organization enclosed with the application of the
subscriber (under the form No.4) if the subscriber, subscriber managing
organization has already applied for the suspension of the deed previously;
3. The suspension period of the
digital deed according to the application for suspension expires;
4. The digital deed is suspended
in accordance with provisions at Point d, Paragraph 1 Article 9 and those
errors, breakdowns have been surmounted.
Article 16.
Creation and supply of key
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a. The subscriber himself;
b. The digital signature service
supplier upon the written request of the subscriber or the subscriber managing
organization.
2. In case of creating the pair
of keys by the subscriber himself, he must comply with provisions on key
creation of the digital signature service supplier.
3. In the event where the
digital signature service supplier creates the pair of keys for the subscriber,
the secret key must be transferred to the subscriber in a safe and confidential
method.
Article 17.
Change of the subscribers pair of keys
The digital signature service
supplier shall have following responsibilities:
1. To ensure the continuous
operation of 24h/day and 7days/week of the information channel receiving the
request for change of the pair of keys.
2. Within 03 working days since
the receipt of the valid application file for the change of key, the digital
signature service supplier shall check, change the pair of keys for the
subscriber, if conditions are satisfied, and distribute keys in accordance with
provisions in Article 16 of this Regulation.
3. To keep information relating
to the change of the pair of keys within a period of at least 05 years from the
changing time.
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1. The digital subscriber
service supplier shall be responsible for maintaining 24 hours in a day and 7
days in a week the following information on its website:
a. The Regulation on the
certification of digital signature and digital deed;
b. The list of digital deeds
still in effect, suspended, revoked of the subscriber;
c. Other necessary information.
2. Time of updating the database
concerning the digital deeds of the digital subscriber service supplier:
a. Within 08 working hours from
the completion of the issuance procedures for the newly issued digital deed;
b. Right after the completion of
the suspension, revocation of the digital deed or change of pair of keys.
Article 19.
Destruction of digital deed
1. Principles of destruction:
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b. The Destruction Committee
includes representative of the leaders of the subscriber managing organization
and representatives of parts relating to the management, use of the digital
deed. The Committee shall destroy the digital deed, related data and draw
minutes on the destruction with following major contents: type of the destroyed
document; mode of destruction; conclusion and signature of members of the
Destruction Committee.
2. Mode of destruction:
a. Document in paper shall be
destroyed by severing in small pieces so that it can not be recovered as the
primitive status or by absolutely burning;
b. Deleting so that any
information about the digital deed and related data can not be recovered in
archive devices.
3. Content of destruction:
a. Data of the digital deed,
pair of keys;
b. Other data relating to the
issuance, management, use of the digital deed.
Chapter VI
IMPLEMENTING PROVISIONS
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The determination of violation
and dealing with violation, complaints and settlement of disputes relating to
digital signature and digital signature certification service of the digital
signature service supplier, subscriber and subscriber managing organization
shall be implemented in accordance with provisions of the Decree on digital
signature and other provisions of related laws.
Article 21.
Implementation responsibility
1. The Banking Informatics
Technology Department shall be responsible for:
a. Providing guidance on,
following up and inspecting the compliance with this Regulation of units of the
State Bank, credit institutions and other organizations which use the digital
signature certification service supplied by the State Bank.
b. Researching, deploying the
integration of digital signature in electronic banking operations, activities
of the State Bank.
2. Inspectorate of the State
Bank shall be responsible for coordinating with the Banking Informatics
Technology Department to inspect the compliance with this Regulation of credit
institutions.
3. The General Control Department
shall be responsible for performing the internal inspection and internal audit
for the compliance with this Regulation of units of the State Bank.
4. Heads of units of the State
Bank, General Manager of State Bank branches in provinces, cities under the
central Governments management, Chairperson of the Board of Directors, General
Director (Director) of credit institutions, State Treasury and heads of other
organizations which use the digital signature certification service of the
State Bank shall be responsible for the deployment and inspection for the
compliance at their units in accordance with provisions of this Regulation.
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SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
---------o0o---------
APPLICATION FOR THE ISSUANCE OF DIGITAL DEED
To:
The Banking Informatics Technology Department
Full name:
...................................................................
Gender:............................................
Date of
birth:.................................... Place of
birth:...................... Nationality:..........................
ID card No/Passport
No:................... Date of issue:................. Place of
issue:..........................
Permanent resident
address:..................................................................................................
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Position:......................................................................
Division:............................................
Home phone
(*):.......................... Mobile phone (*):......................... Email
(*):..........................
Proposed period (05 years at the
maximum from the issuing date of the digital deed): year(s).
- I undertake that the
information declared above is true, if it is false, I shall take the full
responsibility to the law.
- If the issuance of digital
deed to me is approved, I undertake to seriously comply with all the provisions
of the State Bank and of the State on the management, use of digital signature,
digital deed and digital signature certification service.
Name
of the subscriber managing organization:
Confirmation of the head of unit
Date
Applicant (sign and state full name)
Note: (*) means optional
information
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Form
No.2
SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
---------o0o---------
APPLICATION FOR THE EXTENSION OF THE DIGITAL
DEED
To:
The Banking Informatics Technology Department
Full
name:....................................................................
Gender:............................................
Date of
birth:.................................... Place of
birth:...................... Nationality:..........................
ID card No/Passport
No:................... Date of issue:................. Place of
issue:..........................
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Place of
work:................................ Phone
number:................................ Fax:..........................
Position:.................................................
Division:.................................................................
Home phone
(*):.......................... Mobile phone (*):......................... Email
(*):..........................
Would like to request for the
extension of the digital deed
number:.............................................
Number of the digital
deed:....................... Date of issue (first issue)......... Expiry
date:..............
Reason for
extension:.............................................................................................................
Extended period: 06 months or 01
year
Name
of the subscriber managing organization:
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Date
Applicant
(sign and state full name)
Note: (*) means optional
information
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Form
No.3
SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
---------o0o---------
APPLICATION FOR THE SUSPENSION OF THE DIGITAL
DEED
To:
The Banking Informatics Technology Department
Full name:....................................................................
Gender:............................................
Date of
birth:.................................... Place of
birth:...................... Nationality:..........................
ID card No/Passport
No:................... Date of issue:................. Place of
issue:..........................
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Place of work:................................
Phone number:................................ Fax:..........................
Position:.................................................
Division:.................................................................
Home phone
(*):.......................... Mobile phone (*):......................... Email
(*):..........................
Would like to request for the
extension of the digital deed
number:.............................................
Number of the digital deed:.......................
Date of issue (first issue)......... Expiry date:..............
Suspended period (06 months at
the maximum): From:................................. . To:....................
Reason for
suspension:..........................................................................................................
Name
of the subscriber managing organization:
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(Confirmation
is not required in case where the subscriber personally requests the
suspension)
Date
Applicant
(sign and state full name)
Note: (*) means optional
information
Form
No.4
SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
---------o0o---------
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APPLICATION FOR THE RECOVERY OF THE DIGITAL DEED
To:
The Banking Informatics Technology Department
Full
name:....................................................................
Gender:............................................
Date of
birth:.................................... Place of birth:......................
Nationality:..........................
ID card No/Passport
No:................... Date of issue:................. Place of
issue:..........................
Permanent resident
address:..................................................................................................
Place of
work:................................ Phone
number:................................ Fax:..........................
Position:.................................................
Division:.................................................................
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Would like to request for the
extension of the digital deed number:.............................................
Number of the digital
deed:....................... Date of issue (first issue)......... Expiry
date:..............
Suspended period
....................................... From:.......................... .
To:................................
Reason for
recovery:...............................................................................................................
Name
of the subscriber managing organization:
Confirmation
of the head of unit
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Date
Applicant
(sign and state full name)
Note: (*) means optional
information
Form
No.5
SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
---------o0o---------
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APPLICATION FOR THE REVOCATION OF THE DIGITAL
DEED
To:
The Banking Informatics Technology Department
Full
name:....................................................................
Gender:............................................
Date of
birth:.................................... Place of birth:......................
Nationality:..........................
ID card No/Passport
No:................... Date of issue:................. Place of
issue:..........................
Permanent resident
address:..................................................................................................
Place of
work:................................ Phone
number:................................ Fax:..........................
Position:.................................................
Division:.................................................................
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Would like to request for the
extension of the digital deed number:.............................................
Number of the digital
deed:................. Date of issue (first issue)............... Expiry
date:..............
Reason for revocation:
...........................................................................................................
Name
of the subscriber managing organization:
Confirmation
of the head of unit
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Applicant
(sign and state full name)
Note: (*) means optional
information
Form
No.6
SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
---------o0o---------
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To:
The Banking Informatics Technology Department
Full
name:....................................................................
Gender:............................................
Date of
birth:.................................... Place of
birth:...................... Nationality:..........................
ID card No/Passport
No:................... Date of issue:................. Place of issue:..........................
Permanent resident
address:..................................................................................................
Place of
work:................................ Phone
number:................................ Fax:..........................
Position:.................................................
Division:.................................................................
Home phone
(*):.......................... Mobile phone (*):......................... Email
(*):..........................
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Number of the digital
deed:................. Date of issue (first issue)............... Expiry
date:..............
Type of key to be changed:
Signing key pair Encoded key pair
Reason for change:
...............................................................................................................
Name
of the subscriber managing organization:
Confirmation
of the head of unit
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Applicant
(sign and state full name)
Note: (*) means optional
information