Nghị định 48/2024/NĐ-CP sửa đổi Nghị định 130/2018/NĐ-CP

• Số hiệu: 48/2024/ND-CP
• Loại văn bản: Nghị định
• Nơi ban hành: Chính phủ
• Người ký: Trần Lưu Quang
• Ngày ban hành: 09/05/2024

THE GOVERNMENT OF VIETNAM -------	THE SOCIALIST REPUBLIC OF VIET NAM Independence-Freedom-Happiness -----------------
No. 48/2024/ND-CP	Hanoi, May 09, 2024

DECREE

AMENDMENTS TO GOVERNMENT'S DECREE NO. 130/2018/ND-CP DATED SEPTEMBER 27, 2018 ELABORATING LAW ON E-TRANSACTIONS REGARDING DIGITAL SIGNATURES AND AUTHENTICATION OF DIGITAL SIGNATURES

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

At the request of the Minister of Information and Communications of Vietnam;

The Government promulgates a Decree providing amendments to the Government's Decree No. 130/2018/ND-CP dated September 27, 2018 elaborating the Law on E-transactions regarding digital signatures and authentication of digital signatures.

Article 1. Amendments to Government's Decree No. 130/2018/ND-CP dated September 27, 2018

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“Article 23. Application for digital certificates of subscribers

An application for a subscriber’s digital certificate shall include:
1. A physical or electronic application form for digital certificate which is made using the form prescribed by the public digital signature certification body.

2. Attached documents, including:

a) For an individual: Citizen identity card or identity card or identity certificate or passport or use of level-2 electronic identity account.

b) For an organization: Establishment decision or decision prescribing functions, tasks, powers and organizational structure or enterprise registration certificate or investment certificate and citizen identity card or identity card or identity certificate or passport of the legal representative of the organization; or use of electronic identity account of the organization.

3. The applicant is entitled to choose between submitting a copy extracted from master register or certified true copy or copy presented with its original for verification purpose, or providing electronic data to the public digital signature certification body for use as prescribed in clause 4 of this Article.

4. If an individual or an organization’s legal representative provides or uses information on citizen identity card or identity card or identity certificate or information on the individual’s level-2 electronic identity account or information on the organization’s electronic identity account, the public digital signature certification body (that has obtained a written approval for connection with the electronic identification and authentication system or has adequate equipment for reading data contained in chips or on level-2 electronic identity accounts) shall access and use data contained in chips, data on the individual’s level-2 electronic identity account or data on organization’s electronic identity account without requesting that individual or that organization's legal representative to provide the documents mentioned in clause 3 of this Article.

5. Public digital signature certification bodies shall provide utilities or applications for electronically receiving applications.”.

2. Point b clause 1 Article 46 is amended as follows:

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- Enterprise registration certificate, investment certificate, establishment decision or decision prescribing functions, tasks, powers and organizational structure of the organization; ID card, citizen identity card or passport of the individual;

- The individual’s level-2 electronic identity account; the organization's electronic identity account;

- A document given by a competent authority to allow the foreign organization or foreigner to lawfully operate in Vietnam, if the subscriber is a foreign organization or foreigner;

- In case of authorization to use the digital certificate, a lawful authorization to use the digital certificate is required, and the information on the subscriber issued with the digital certificate must match that in the authorization.”.

Article 2. Implementation

1. This Decree comes into force from the date on which it is signed.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees at all levels, and other relevant authorities, organizations and individuals are responsible for the implementation of this Decree.

Article 3. Transition

1. Applications for digital certificates of subscribers which have been submitted to public digital signature certification bodies but not yet processed before the effective date of this Decree shall continue to be processed in accordance with provisions of the Government’s Decree No. 130/2018/ND-CP dated September 27, 2018, unless relevant parties wish to apply provisions of this Decree.

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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Luu Quang