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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.:
170/2013/ND-CP
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Hanoi,
November 13, 2013
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DECREE
AMENDING AND
SUPPLEMENTING A NUMBER OF ARTICLES OF GOVERNMENT’S DECREE NO. 26/2007/ND-CP
DATED FEBRUARY 15, 2007, DETAILING IMPLEMENTATION OF LAW ON E-TRANSACTIONS OF
DIGITAL SIGNATURES AND DIGITAL SIGNATURE CERTIFICATION SERVICE AND GOVERNMENT’S
DECREE NO. 106/2011/ND-CP DATED NOVEMBER 23, 2011, AMENDING AND SUPPLEMENTING A
NUMBER OF ARTICLES OF DECREE NO. 26/2007/ND-CP DATED FEBRUARY 15, 2007
Pursuant to the December 25, 2001 Law on
organization of Government;
Pursuant to the November 29, 2005 Law on
e-transactions;
At the proposal of Minister of Information and
Communications,
The Government promulgates Decree amending and
supplementing a number of articles of Government’s Decree No. 26/2007/ND-CP
dated February 15, 2007, detailing implementation of Law on e-transactions of
digital signatures and digital signature certification service and Government’s
Decree No. 106/2011/ND-CP dated November 23, 2011, amending and supplementing a
number of articles of Decree No. 26/2007/ND-CP dated February 15, 2007.
Article 1. To amend and supplement a number of
articles of Government’s Decree No. 26/2007/ND-CP dated February 15, 2007,
detailing implementation of Law on e-transactions of digital signatures and
digital signature certification service
1. To supplement Clauses 18, 19, 20 and 21 into
behind Clause 17 Article 3 as follows:
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19. The foreign digital certificate being accepted
in Vietnam is digital certificate not yet been recognized in Vietnam but
licensed for use by the Ministry of Information and Communications.
20. The foreign digital signature being accepted in
Vietnam is digital signature which is created by key pair corresponding to a
foreign certificate already accepted in Vietnam.
21. The foreign digital certificate accepted in
international transactions means foreign digital certificate of foreign
subscriber not presenting in Vietnam and taking effect on data messages sent to
partners being Vietnamese agencies or organizations.”
2. To supplement Points g, h, i and k into behind
point e Clause 1 Article 6 as follows:
“g) Conducting management of foreign subscribers
and digital certificate being accepted in Vietnam;
h) Promulgating regulations on crossed
authentication among organizations providing digital signature certification
service;
i) Examining and managing information of activities
of using foreign digital certificates being accepted in Vietnam;
k) Examining and managing information of activities
that accept foreign digital certificates being accepted in international
transactions.”
3. To amend Clause 3 and supplement Clause 4 into
behind Clause 3 Article 8 as follows:
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4. Foreign digital signatures and digital
certificates being accepted in Vietnam as prescribed in this Decree are legally
valid and effective as digital signatures and digital certificates granted by
organizations providing public certification service of digital signatures of
Vietnam but within the limitation of use scope as prescribed in Clause 4
Article 52a of this Decree.”
4. To replace Article 52 as follows:
“Article 52. Recognition of foreign
organizations providing certification service of digital signatures
1. If a foreign organization providing
certification service of digital signatures granted certificate of recognition
by the Ministry of Information and Communications, the digital certificates and
digital signatures granted by this organization will be recognized.
2. Foreign organizations are granted certificates
of recognition of foreign organizations providing certification service of
digital signatures as meeting the following conditions:
a) The country that the organization providing
certification service of digital signatures registering for operation has
signed or acceded to international agreements containing provisions on the
recognition of foreign digital signatures and digital certificates that Vietnam
participates in;
b) Being established and operating legally at the
country that the organization providing certification service of digital
signatures registering for operation;
c) Satisfying the list of applicable mandatory
standards regarding digital signatures and certification service of digital
signatures promulgated by the Ministry of Information and Communications, or
international standards regarding digital signatures which are defined as
having an equal information safety level, in the course of dossier
verification, by the Ministry of Information and Communications;
d) Having representative offices in Vietnam.”
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“Article 52a. Acceptance of foreign digital
certificates in Vietnam
1. A foreign digital certificate will be accepted
in Vietnam if subscriber is granted license for use of that digital certificate
by the Ministry of Information and Communications.
2. Duration of license for use of foreign digital
certificate being accepted in Vietnam does not exceed 5 years.
3. Subjects entitled to apply for license for use
of foreign digital certificates being accepted in Vietnam include:
a) Enterprises with 100% of foreign capital as
prescribed by law;
b) Foreign organizations and representative
agencies operating legally in Vietnam.
4. Scope of using foreign digital certificates being
accepted in Vietnam:
a) Transactions under the scope of operation and
trading of subjects defined in Clause 3 of this Article;
b) Specific e-transactions defined by the Ministry
of Information and Communications.
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1. Subscribers using foreign digital certificates
being accepted in Vietnam:
a) Belonging to subjects defined in Clause 3
Article 52a of this Decree and having information of subscriber at one of
following documents certifying information on digital certificate:
- Enterprise registration
certificate or investment certificate;
- Written permission of competent agencies for
foreign organizations or foreign representative agencies to operate legally in
Vietnam;
- Cases of authorization, it is required to have
legal authorization or permission of using digital certificates and information
of subscriber granted digital certificate must be consistent to information in
the written authorization or permission.
b) For digital certificates of host machine,
subscriber owning must satisfy conditions specified in point a Clause 1 of this
Article and information of possessing domain, information of server, address of
public network identified for host machine must be consistent to information on
digital certificate.
2. Foreign organizations providing certification
service of digital signature with digital certificates being accepted in
Vietnam:
a) Point b and Point c Clause 2 Article 52;
b) Being certified by an audit enterprise that
professional operations abide by the prestigious international standards on
certification service of digital signatures.
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Agencies, organizations, and enterprises choosing
to use shall be responsible for the acceptance of foreign digital certificates
being accepted in international transactions and send those digital
certificates to the Ministry of Information and Communications for management.”
6. To supplement Article 53a into behind Article 53
as follows:
“Article 53a. Dossier of granting license for use
of foreign digital certificates being accepted in Vietnam
Dossier requesting for licensing use of foreign
digital certificates being accepted in Vietnam is made into 06 sets (02
originals and 04 copies), each set of originals includes:
1. Request for granting license for use of foreign
digital certificates being accepted in Vietnam of subscriber.
2. Written explanations, documents prove to meet
fully conditions specified in clause 1 and Clause 2 Article 52b of this Decree.
3. Plan of using foreign digital certificates, in
which include e-transactions and subjects entitled to transact with use of the
foreign digital certificates requested for acceptance in Vietnam.
4. Valid copies of contracts and terms of providing
certification service of digital signatures between subscribers and
organizations granting digital certificates which are requested for acceptance
in Vietnam by subscribers.
5. Written commitment of subscribers to be
responsible for the reliability of digital certificates which are requested for
acceptance in Vietnam.
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7. Article 54 is amended as follows:
“Article 54. Verification of dossiers and
issuance of certificates of recognition of foreign organizations providing
certification service of digital signatures
Within 60 working days from the date of receipt of
full and valid dossier, the Ministry of Information and Communications shall
preside over consideration and decision on grant of certificate of recognition
for the foreign organization providing certification service of digital
signatures. In case where dossier fails to meet full conditions and is
refused, the Ministry of Information and Communications shall have written
notice in which clearly stating reason thereof.”
8. To supplement Articles 54a, 54b and 54c into
behind Article 54 as follows:
“Article 54a. Verification of dossier and grant
of license for use of foreign digital certificates being accepted in Vietnam
Within 60 working days from the date of receipt of
full and valid dossier, the Ministry of Information and Communications shall
preside over consideration and decision on grant of license for using foreign
digital certificates being accepted in Vietnam. In case where dossier
fails to meet full conditions and is refused, the Ministry of Information and
Communications shall have written notice in which clearly stating reason
thereof.
Article 54b. Grant newly, re-grant, change of
content of license for use of foreign digital certificates being accepted in
Vietnam
1. Cases of grant newly, re-grant and change of
content of license
a) Grant newly of license is performed in the
following cases: The license is expired and subscriber wishes the continued use
of foreign digital certificate; or subscriber wishes to use digital certificate
of other foreign organization providing certification service of digital
signatures;
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c) Change of content of license is performed in the
following cases: Subscriber wishes to change content of license; or subscriber
wishes to use other digital certificate of the same organization providing
certification service of digital signatures; or digital certificate of
subscriber is expired.
2. Dossier of requesting for grant newly, re-grant
and change of content of license
a) In case of grant newly of license, dossier of
requesting for grant newly of license is prescribed in Article 53a of this
Decree;
b) Case of re-granting license, dossier of
requesting for re-grant of license is made into 06 sets (02 original sets and
04 copied sets), each set of originals includes: Written request in which
stating reason of re-grant of license; valid copy of enterprise registration
certificate or investment certificate for subscribers being foreign
enterprises; or written permission to operate in Vietnam of Vietnamese
competent agencies for subscribers being foreign organizations or foreign
representative agencies; report on use of foreign digital certificate being
accepted in Vietnam; and foreign digital certificate being accepted in Vietnam
which are being used;
c) Case of changing content of license, dossier of
requesting for change of content of license is made into 06 sets (02 original
sets and 04 copied sets), each set of originals includes: Request in which
stating reason and details of request for changing content of license; valid
copy of license in effect; report on use of foreign digital certificate being
accepted in Vietnam; necessary documents for explanation on change; foreign
digital certificate being accepted in Vietnam which is being used and new digital
certificate in case where subscriber wishes to use other digital certificate of
the same Circular providing certification service of digital signatures.
3. Verification of dossier of requesting for grant
newly, re-grant and change of content of license
a) In case of grant newly of license, process of
verifying dossier and granting license are prescribed in Article 54a;
b) In case of re-grant or change of content of
license, within 30 working days from the date of receipt of full and valid
dossier, the Ministry of Information and Communications shall preside over
consideration and decision on grant of copy of license from the original in
case of re-grant of license; or new license in case of changing content of
license. In case where dossier fails to meet full conditions and is
refused, the Ministry of Information and Communications shall have written
notice in which clearly stating reason thereof.
Article 54c. Responsibilities for using foreign
digital certificates being accepted in Vietnam
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1. Using digital certificates in accordance with
scope stated in license for using foreign digital certificates being accepted
in Vietnam.
2. Report upon having incidents or at requests
about use of foreign digital certificates being accepted in Vietnam with the
Ministry of Information and Communications.
3. To suffer examination, inspection and handling
of violations by competent agencies.
4. To supply necessary information for agencies
procedure-conducting bodies or security agencies with the aim to serve for
information security assurance, investigation on crime prevention and combat in
accordance with process and procedures of procedures legislation.
5. To have obligation to perform the request in
writing of competent agencies in urgent case as prescribed by law on urgent
situation or to ensure national security.”
9. To supplement Clause 5 and Clause 6 into behind
Clause 4 Article 57 as follows:
“5. The national organization providing
certification service of digital signatures shall announce and update on its
website list of foreign organizations providing certification service of
digital signatures already recognized, foreign organizations providing
certification service of digital signatures possessing digital certificates
already accepted in Vietnam and foreign organizations providing certification
service of digital signatures already been accepted in international
transactions.
6. The national organization providing
certification service of digital signatures shall maintain the technical system
for managing list of foreign digital certificates accepted in Vietnam and in
international transactions, information of subscribers licensed for use of
foreign digital certificates accepted in Vietnam and other necessary
information in serve of state management and use of foreign digital
certificates being accepted.”
10. To replace Article 58 as follows:
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2. Disputes between the parties in the use of
foreign digital certificates already recognized are settled on the basis of the
international treaties containing provisions on foreign digital signatures and
digital certificates in which Vietnam has acceded, contracts between the
parties, certificates of recognition of foreign organizations providing
certification service of digital signatures and the provisions of relevant
laws.
3. Disputes between the parties in the use of
foreign digital certificates being accepted in Vietnam are settled on the basis
of the international treaties containing provisions on foreign digital
signatures and digital certificates in which Vietnam has acceded, contracts
between the parties, license for use of foreign digital certificates being
accepted in Vietnam, commitment of subscriber to take responsibility for the
reliability of digital certificate requested for acceptance in Vietnam and the
provisions of relevant laws.
Article 2. To amend and supplement a number of
articles of Government’s Decree No. 106/2011/ND-CP dated November 23, 2011,
amending and supplementing a number of Articles or Government’s Decree No.
26/2007/ND-CP dated February 15, 2007, detailing implementation of Law on
e-transaction about digital signatures and certification service of digital
signatures
1. Clause 2 Article 1 is amended and supplemented
as follows:
“Assuming the prime responsibility for, and
coordinating with the relevant Ministries and sectors in managing organizations
providing certification service of digital signatures including: Licensing for
the provision of public certification service of digital signatures,
certification for operation registration of organizations providing
certification service of specialized digital signatures, certificate of
eligibility for ensuring safety for specialized digital signatures, recognition
of foreign organizations providing certification service of digital signatures,
licensing of use of foreign digital certificates being accepted in Vietnam;
inspection, examination and handling of violations; and other necessary
activities.”
2. Clause 17 Article 1 is amended and supplemented
as follows:
“Article 53. Dossiers of application for
certificates of recognition of foreign organizations providing the
certification service of digital signatures
Dossier of application for certificate of
recognition of foreign organizations providing certification service of digital
signatures is made into 06 sets (02 originals and 04 copies), each set of
originals includes:
1. Request for certificate of recognition of
foreign organizations providing the certification service of digital
signatures.
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Article 3. Effect
This Decree takes effect on January 01, 2014.
Ministries, Heads of ministerial-level agencies,
Heads of Governmental agencies, Chairpersons of People’s Committees of
provinces and central-affiliated cities shall implement this Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung