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MINISTRY OF
INFORMATION AND COMMUNICATIONS OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
06/2024/TT-BTTTT
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Hanoi, July 01,
2024
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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
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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.
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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
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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.
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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.
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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).
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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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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:
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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./.
MINISTER
Nguyen Manh Hung
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(Provider’s
name)
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. ….
..., ………[date]
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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. ………..,
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(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: .......................................
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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
No
Name of
document
Quantity
Note
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2
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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./.
(The provider’s legal representative)
(signature, full name, title and the provider’s seal)
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
MINISTRY OF
INFORMATION AND COMMUNICATIONS OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Hanoi,……(date)
....................
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);
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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./.
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MINISTER
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.
(Name of the
applicant)
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. …..
..., ………[date]
....................
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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]……………..
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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
No
Name of document
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Note
1
2
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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./.
(The individual or the LEGAL
REPRESENTATIVE of the organization)
(signature, full name, title and the organization’s seal)
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MINISTRY OF
INFORMATION AND COMMUNICATIONS OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
/GCN-BTTTT
Hanoi,……(date)
....................
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;
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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:
.......................................................................................................
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...................................................................................................................................
...................................................................................................................................
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./.
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