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THE
GOVERNMENT
---------------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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|
|
No.:
26/2007/ND-CP
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Hanoi,
February 15, 2007
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DECREE
DETAILING THE IMPLEMENTATION OF THE LAW ON E-TRANSACTIONS OF
DIGITAL SIGNATURES AND DIGITAL SIGNATURE CERTIFICATION SERVICE
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the Electronic Transactions
Law dated November 29, 2005;
Pursuant to the Ordinance on
Handling of Administrative Violations July 02, 2002;
At the proposal of the
Minister of Post and Telecommunications,
DECREES:
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GENERAL PROVISIONS
Article 1.
Scope of governing
This Decree details on digital
signatures and digital certification, the management, provision, and use of
digital signatures certification service.
Article 2.
Subjects of application
This Decree shall apply to
agencies, organizations, and providers of digital signature certification
service and agencies, organizations, individuals choosing to use digital
signatures and certification services of digital signatures in electronic
transactions.
Article 3.
Interpretation of terms
In this Decree, the following terms
shall be construed as follows:
1. "Digital certificate"
means a form of electronic certificate granted by organizations providing
certification services for digital signatures.
2. "Foreign digital
certificates" mean digital certificates granted by foreign
organizations providing certification services for digital signatures.
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4. "Digital signature"
means a form of electronic signature created by the transformation of a data
message using an asymmetric cryptosystem in which those who have initial data
messages and the public keys of the signers can be determined exactly:
a) The above transformation is
created by the correct private key corresponding to public key in the same key
pair;
b) The integrity of the content
of data messages since the implementation of the mentioned above
transformation.
5. "Foreign digital
signatures" mean digital certificates created by the
subscribers using foreign digital certificates.
6. "Certification
service of digital signatures" means a service type of electronic
signature certification granted by organizations providing certification
services for digital signatures. Digital signature certification service
includes:
a) Creation of a key pair
including public key and private key for subscribers;
b) Issuance, renewal,
suspension, restoration and withdrawal of the subscribers’ digital
certificates;
c) Online maintenance of
database of digital certificates;
d) The other related services as
prescribed.
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8. "Key" means
a string of binary digits (0 and 1) used in the encryption system.
9. "Private Key"
means a key in the key pair of the system of asymmetric cryptography, used to
create digital signatures.
10. "Public key"
means a key in the key pair of the system of asymmetric cryptography, used to
verify digital signatures created by the private key corresponding to the key
pair.
11. "Digital signing"
means the putting the private key into a software program to automatically
generate and add digital signatures to data messages.
12. "Signers"
mean the subscribers using their correct private keys to sign into a data
message under theirs names.
13. "Recipient"
means an organization or individual receiving the data messages digitally
signed by the signer, using the signer's digital certificate to verify the
digital signature in the data message received and conduct concerned activities
or transactions.
14. "Subscriber"
means an organization or individual granted digital certificate, accepting
digital certificate and holding the private key corresponding to public key
recorded on digital certificate granted.
15. "Suspension of
digital certificate" means the temporary void of a digital certificate
from a specified time.
16. "Revocation of
digital certificate" means the permanent void of a digital certificate
from a specified time.
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Article 4.
Organizations providing certification service of digital signatures
Organizations providing
certification service of digital signatures include:
1. Organizations providing
certification service of public digital signatures mean the organizations
providing certification service of digital signatures for agencies,
organizations, and individuals to use in the public activities. Activities of
organizations providing certification service of public digital signatures are
the activities aimed at business.
2. Organizations providing
specialized certification service of digital signatures are the organizations
providing digital signature certification service for agencies, organizations,
and individuals of the same nature of activities or purpose of the work and
associated together through the operation charter or legal documents defining
the common organizational structure or form of association, collective
activities. Activities of organizations providing specialized certification
service of digital signatures are the activities aimed to serve the internal
transaction needs and not intended for trading.
3. Organization providing
national certification service of digital signatures (Root Certification
Authority) is the organization providing certification service of digital
signatures for organizations providing the public digital signature service.
Organization providing national certification service of digital signatures is
unique.
Article 5.
Policy of development of digital signature certification service
1. The State encourages the use of
digital signatures and digital signature certification services in the areas of
economy, politic, society to promote the exchange of information and
transactions online to improve labour productivity; expand the commercial
activities; support administrative reform, increase social utility, improve the
quality of life of people and the assurance of security and defense.
2. The State promotes the
application of digital signatures and development of digital signature
certification service through the key projects aimed at raising awareness;
disseminating law; developing application; organizing training of human
resources; conducting research, collaboration and transfer of technology
related to digital signatures and certification service of digital signatures.
3. The State support activities
of organizations providing public certification service of digital signatures
through policies of incentives on tax, land, and other incentives.
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1. Ministry of Post and
Telecommunications is responsible before the Government in the implementation
of state management on certification service of digital signatures, including:
a) Submission to the Government
for issuing or promulgation under the authority of the policies, strategy,
planning, development plans, and management of digital signature certification
service;
b) Issuance under the authority
of legal documents on digital signatures and certification service of digital
signatures;
c) Presiding over and
coordination with the Ministry of Science and Technology, Ministry of Public
Security, Government Committee for Cipher to set up and promulgate technical
regulations and mandatory standards to apply for digital signatures and certification
service of digital signatures;
d) Presiding over and
coordination with the Ministry of Public Security, Government Committee for
Cipher in the management of organizations providing certification services of
digital signatures, including the grant of licenses, certificates of sufficient
conditions to ensure safety for digital signatures, certificates of recognition
of foreign digital signatures and digital certificates; inspection, examination
and handling of violations, and other necessary activities;
đ) Presiding over and
coordination with the Ministry of Science and Technology, Ministry of Public
Security, Government Committee for Cipher to perform international cooperation
on certification service of digital signatures;
e) Establishment and maintenance
of operations of the organizations providing the national digital signature
certification service.
2. Ministry of Science and
Technology, Ministry of Public Security, Government Committee for Cipher, the
ministries and other concerned branches, the People's Committees of provinces
and cities under central authority within its rights and responsibilities
coordinate with the Ministry of Post and Telecommunications to implement the
provisions of clause 1 of this Article.
3. Ministry of Public Security
is responsible for presiding over the fight and combat against high-tech crime
to use digital signatures and certification service of digital signatures.
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Article 7.
Prohibited acts
1. Provision for certification
service of digital signatures and use of digital signatures aimed to fighting
against the Socialist Republic of Vietnam, disturbing security and order,
social safety, smuggling activities, or conducting other activities contrary to
law and social morality.
2. Direct or indirect destruction
of the system providing digital signature certification service of
organizations providing digital signature certification service; impeding the
provision and use of certification service of digital signatures; forging or
guiding others to forge digital certificates.
3. Theft; fraud; falsifies;
appropriation or illegal use of another person's private key.
4. Buying, selling or transfer
of licenses providing public certification service of digital signatures.
Chapter 2:
DIGITAL SIGNATURES AND
DIGITAL CERTIFICATES
Article 8.
Legal validity of digital signatures
1. Where the law defines that a
document required to be signed, the requirement for a data message is
considered as met if the data message is signed with digital signature.
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3. Foreign digital signatures
and digital certificates recognized as prescribed in Chapter VII of this Decree
are legally valid and effective as digital signatures and digital certificates
granted by organizations providing public certification services of digital
signatures of Vietnam.
Article 9.
Conditions to ensure safety for digital signatures
The digital signatures are
considered as safe electronic signatures if they meet the following conditions:
1. The digital signatures are
created during the valid period of digital certificates and inspected by the
public key recorded on such valid digital certificates.
2. The digital signatures are
created by using the private key corresponding to public key recorded on
digital certificates granted by the organizations providing national
certification service of digital signatures, the organizations providing public
certification service of digital signatures, the organizations providing
specialized certification service of digital signatures that are granted
certificates of sufficient conditions to ensure safety for digital signatures
or foreign organizations providing certification service of digital signatures
recognized in Vietnam.
3. Private Key is only under the
control of the signer at the time of signing.
4. Private Key and content of
data message are attached only to the signer as such person signs the data
message.
Article 10.
The contents of digital certificates
Digital certificates granted by
the organizations providing national certification service of digital
signatures, the organizations providing public certification service of digital
signatures, the organizations providing specialized certification service of
digital signatures that are granted certificates of sufficient conditions to
ensure safety for digital signatures must include the following contents:
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2. Name of subscriber.
3. Sign number of digital
certificate.
4. The duration of validity of
digital certificate.
5. The subscriber's public key.
6. Digital signature of
organization providing certification service of digital signatures.
7. The restrictions on the
purpose and scope of use of digital certificate.
8. The restrictions on liability
of organization providing certification service of digital signatures.
9. Other necessary contents as
prescribed by the Ministry of Post and Telecommunications.
Article 11.
Digital certificates of agencies and organizations
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2. Digital certificate granted
for the State title, the competent persons of agencies, organizations must be
clearly stated the title of that person.
3. The issuance of digital
certificates for state titles, the competent persons of agencies, organizations
must be based on the following documents:
a) Written request of the agency
or organization for grant of digital signature for the competent person or
State title;
b) Valid copy of certificate
registered seal sample of agency, organization, or State title that has been
issued under the provisions of law on the management and use of seals;
c) Valid copy of document
certifying the title of the competent person of agency, organization or such
State title.
Article 12.
Use of digital signatures and digital certificates of agencies and
organizations
1. The digital signature of the
person who is granted digital certificate under the provisions of Article 11 of
this Decree is only used to make transactions according to the person's proper
title.
2. The signing by proxy, signing
per procuration as prescribed by law made by competent person using its digital
signature, is understood based on the title of the signer stated in digital
certificate.
Chapter 3:
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Article 13.
Operating conditions
Organizations providing
certification service of digital signatures are entitled to provide for public
service if they meet the following conditions:
1. Having the licenses to
provide for public certification service of digital signatures granted by the
Ministry of Post and Telecommunications.
2. Having digital certificates
granted by the organizations providing national certification service of
digital signatures.
Article 14.
The valid time limit of licenses
Licenses granted to
organizations providing public certification service of digital signatures are
valid not exceeding 10 years.
Article 15.
Licensing conditions
1. Condition on subjects:
Being enterprises established
under the laws of Vietnam.
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a) Have sufficient financial
capacity to establish a system of technical equipment, organization, and
maintenance of activities in accordance with the scale of service provision;
b) Depositing at a commercial
bank operating in Vietnam or having a guarantee of a commercial bank operating
in Vietnam of not less than 5 (five) billion VND, or insurance buying
commitments to solve risks and the compensation that may occur during the
course of service provision and make payment for expenses receiving and
maintaining database of enterprises in the event of withdrawal of licenses.
3. Condition of personnel:
a) Have team of technical
staffs, managers, administration staffs, security managers and customer service
personnel meeting professional requirements and scale of services deployment of
having no criminal records;
b) The legal representative
having knowledge of law on digital signatures and certification service of
digital signatures.
4. Technical condition:
a) Formulation of technical
equipment system must ensure the following requirements:
- Storing fully, accurately and
updating information of subscribers for the issuance of the digital
certificates during the valid duration of digital certificates;
- Making sure that the creation
of the key pair only allows each key pair to be generated randomly and a unique
time; ensures private key not be detected when having the respective public
key;
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- Having ability to detect,
alert and prevent any illegal access, forms of attacks in the network
environment and comply with the standards of information security;
- Designed by the trend of
minimize reduction of the direct contact with the Internet environment;
- Key distribution system for
subscribers must ensure the integrity and security of the key pair. In the case
of key distribution through a computer network environment, the key
distribution system must be used the security protocols to ensure the
confidentiality of information on the transmission line.
b) Having feasible technical
plans and business plans, consistent with the technical regulations and
mandatory standards to apply;
c) Having plans to control the
entrance and exit of head offices, the right to access the system, right to
enter, exit the place where the equipment is located for providing for
certification service of digital signatures;
d) Having contingency plans to
maintain the continuous, safe operation, and overcome when the problem occurs;
đ) The entire system of
equipment used to service providers is located in Vietnam.
5. Other conditions:
a) Construction of offices,
places where the machinery and equipment is located in accordance with the
requirements of the law on prevention and combat of fire and explosion; having
ability of fighting against floods, earthquakes, electromagnetic interference,
illegal intrusion of man;
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Article 16.
Dossier of application for license
Dossier requesting for grant of
license providing public certification service of digital signature shall be
made in 06 sets, each one comprises:
1. A written request for grant
of license providing public certification service of digital signature of
enterprise.
2. Certificate of business
registration or certificate of investment of enterprise in which is stated
clearly business line of providing certification service of electric
signatures.
3. Charter of the organization
and operation of the enterprise.
4. Document evidencing that it
meets the financial condition specified in clause 2 of Article 15 of this
Decree.
5. Project to provide services
include the following main contents:
- The business plan includes
scope, objects of service provision, service quality standards; financial plans
and other necessary information;
- Technical plan aimed to ensure
provisions in clause 4 of Article 15;
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- Detailed information on the
person, educational level, and qualifications of personnel will be directly
involved in the provision of certification service of digital signatures of the
enterprise.
Article 17.
Verification and licensing
Within 60 working days from the
date of receipt of valid dossier requesting for grant of license, the Ministry
of Post and Telecommunications shall preside over and coordinate with the
Ministry of Public Security, Government Committee for Cipher and the concerned
ministries, branches to verify dossier. Where enterprise meets fully the
licensing conditions in Article 15, the Ministry of Post and Telecommunications
will issue license for enterprise. In case of refusal, the Ministry of Post and
Telecommunications shall send written notice and stating clearly the reasons.
Article 18.
Change of the contents of the licenses and license reissuance
1. When wishing to change the
contents of licenses, organization providing public certification service of
digital signature must send dossier requesting for change of content of license
providing public certification service of digital signature to the Ministry of
Post and Telecommunications.
2. Dossiers of application for
the license change is made in 06 sets, each set comprises: a written request to
change the contents of the license; a copy of the valid license; report on
operation situation and reasons for changing license’s content; detailed
content of the proposal to modify and other necessary documents.
3. Within 60 working days from
the date of receipt of dossier requesting for change of content of the valid
license, the Ministry of Post and Telecommunications shall preside over and
coordinate with the concerned ministries, branches to verify the dossier and
inspect the reality if needed. Where proposal for change of content of the license
still meets fully the licensing conditions stipulated in Article 15, the
Ministry of Post and Telecommunications will issue new license for the
enterprise. Where proposal for change of content of the license does not meet
fully the licensing conditions, the Ministry of Post and Telecommunications
shall send written notice and stating clearly the reasons.
4. In case of reorganization,
organizations providing public certification service of the digital signatures
must report to the Ministry of Post and Telecommunications for consideration of
change of license’s content; the procedures to change shall comply with
provisions in clause 2, clause 3 of this Article.
5. Where the licenses are lost,
torn, burnt, or destroyed in other forms, organizations providing public
certification service of digital signatures shall be regranted licenses. For
being regranted licenses, organizations providing public certification service
of digital signatures must send a written request stating the reasons for
requesting regrant of the licenses to the Ministry of Post and
Telecommunications and pay fees.
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1. When wishing for renewal of
the license, organization providing public certification service of digital
signature granted license must submit an application for license renewal 60
days before the license expires.
2. Dossier requesting for
license renewal shall be made in 02 sets, each set comprises: a written request
for license renewal, a copy of the valid license, report on operation situation
and results of examination and inspection of service providing operation in the
latest three years.
3. Within 60 days from the date
of receiving the valid dossier, the Ministry of Post and Telecommunications
verifies and considers the renewal of license. Where agreed, the Ministry of
Post and Telecommunications will extend the license for the enterprise. In case
of refusal, the Ministry of Post and Telecommunications shall send written
notice stating the reasons.
4. License is extended only one
time and the time for extension does not exceed one year.
Article 20.
Suspension or revocation of licenses
1. Organizations providing
public certification service of digital signatures shall be suspended their
licenses upon the occurrence of one of the following cases:
a) Provision of false service
with content stated in the license;
b) Failure to meet one of the
licensing conditions in the process of service provision;
c) Other conditions as
prescribed by law.
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a) Failure to provide for
service within 12 months from the date granted license without any legitimate
reason;
b) Being dissolved or declared bankrupt
in accordance with provisions of relevant laws;
c) The license to provide the
public certification service of digital signatures has expired;
d) Failure to overcome the
temporary suspension conditions specified in clause 1 of this Article after the
period of temporary suspension fixed by the state agencies.
3. Organization providing public
certification service of digital signatures revoked its license is responsible
for agreement to hand over the database relating to the provision of its
service to another organization providing public certification service of
digital signatures that is operating within a period of not exceeding 90 days
from the date of revocation of license. In the absence of agreement, it shall
be reported to the Ministry of Post and Telecommunications for consideration
and settlement.
4. The costs of receiving and
maintaining databases of organization providing public certification service of
digital signatures revoked its license shall be taken from deposit or guarantee
or insurance of such organization providing certification service of digital
signatures.
Chapter 4:
OPERATIONS OF THE
ORGANIZATIONS PROVIDING PUBLIC CERTIFICATION SERVICE OF DIGITAL SIGNATURES
Article 21.
Dossier requesting for issuance of digital certificates
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1. The application for grant of
digital certificates in the form of organizations providing public
certification service of digital signatures.
2. The attached papers include:
a) For individual: a valid copy
of identity card, passport, or other lawful personal identification;
b) For the organization: a valid
copy of the establishment decision or certificate of business registration or
other equivalent documents of the organization; the letter of authorization and
a valid copy of identity card, passport or other lawful personal identification
of authorized representative of the organization;
c) Other documents as prescribed
in the Regulations of certification of the organization providing public
certification service of digital signatures.
Article 22.
Creation of the key and key distribution
1. A pair of key of
organizations and individuals applying for digital certificates can be created
by:
a) Organizations and individuals
applying for digital certificates;
b) Organizations providing
public certification services of digital signatures based on the written
request of organizations or individuals applying for digital certificates.
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3. Where organization providing
public certification service of digital signatures creates key pair, such
organization must use safe methods to transfer the private key to the
organization or individual applying for digital certificate and is only saved a
copy of the private key when organization or individual applying for digital
certificate requests in writing.
Article 23.
Issuance of digital certificates
1. Organizations providing
public certification service of digital signatures issue digital certificates
as being inspected the following contents:
a) Information declared in
dossier is correct;
b) Public key on the digital
certificate will be issued as a unique and the same pair with private key of
organization, individual applying for digital certificate.
2. Digital certificates are only
issued to the applicants and must contain all the information prescribed in
Article 10 of this Decree.
3. Organizations providing
public certification service of digital signatures are only publicized the
digital certificates issued to subscribers on the basis of data on their
digital certificates after having confirmation of the subscription for the
accuracy of the information on the digital certificates; time to announce is no
later than 24 hours after the confirmation of subscription, unless otherwise agreed.
4. Organizations providing
public certification service of digital signatures are not refused to issue
digital certificates to organizations or individuals applying for digital
certificates without legitimate reason.
Article 24.
Renewal of digital certificates
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2. In case of changing the
public key on the digital certificates extended, the subscribers must indicate
clearly in the written requests; the creation of key, key distribution and
publication of digital certificates may be extended to implement according to
the provisions in Article 22, Article 23 of this Decree.
Article 25.
Change of the key pair
In the case of subscribers’
wishing for changing the key pair, subscribers must apply to change the key
pair. The key creation, key distribution, and publication of digital
certificates with the new public key comply with the provisions in Article 22,
Article 23 of this Decree.
Article 26.
Suspension of digital certificates
1. Digital certificates are
suspended upon the occurrence of one of the following cases:
a) When the subscribers request
in writing and these requests were verified as accurate by organizations
providing public certification service of digital signatures;
b) When the organizations
providing public certification service of digital signatures have grounds to
assert that digital certificates issued not in compliance with the provisions
of Article 22, Article 23 of this Decree or detecting any errors that affect
the interests of subscribers and the recipients;
c) Upon request of the agencies
proceeding procedures, security agencies or the Ministry of Post and
Telecommunications;
d) As the condition of
suspension of digital certificates have been provided in the contracts between
the subscribers and service providing organizations.
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3. Organizations providing
public certification service of digital signatures shall restore digital
certificates when having no longer grounds for suspension of certificates or
the period of suspension upon request has expired.
Article 27.
Revocation of digital certificates
1. Digital certificates are
revoked in the following cases:
a) When the subscribers request
in writing and these requests were verified as accurate by organizations
providing public certification service of digital signatures;
b) When subscriber as individual
was dead or was declared missing by the declaration of court or the subscriber
as an organization was dissolved or declared bankrupt according to law
regulations;
c) Upon request of the agencies
proceeding procedures, security agencies or the Ministry of Post and
Telecommunications;
d) As a condition to revoke
digital certificate as stipulated in the contract between the subscriber and
organization providing public certification service of digital signatures.
2. When there are grounds to revoke
digital certificates, organizations providing public certification service of
digital signatures must conduct the revocation of digital certificates, and
immediately notify the subscribers and publish in the database of certificates
on the revocation.
Article 28.
Issuance of timestamp
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2. Organizations providing
public certification service of digital signatures have the rights to provide the
service of timestamp issuance. The supply of service of timestamp issuance must
comply with technical regulations and mandatory standards to apply to the
service of timestamp issuance.
3. Date, month, year and time is
attached to the data message is the date, month, year and time that
organizations providing public certification service of digital signatures
receive such data messages. Date, month, year and time is attached to a data
message must be digitally signed by organizations providing public certification
service of digital signatures.
4. Date, month, year and time
attached to the data messages complying with the provisions of clauses 1, 2, 3
of this Article are recognized by law.
Chapter 5:
RIGHTS AND OBLIGATIONS
OF THE PARTIES TO PROVIDE AND USE PUBLIC CERTIFICATION SERVICES OF DIGITAL
SIGNATURES
ITEM 1:
RIGHTS AND OBLIGATIONS OF ORGANIZATIONS PROVIDING THE PUBLIC CERTIFICATION
SERVICES OF DIGITAL SIGNATURES
Article 29.
Obligations in the storage and use of information of organizations, individuals
applying for digital certificates
1. Organizations providing
public certification service of digital signatures are obliged to store
information concerning the persons of organizations and individuals applying
for digital certificates confidentially, safely, and only used this information
for the purposes related to digital certificates, unless otherwise agreed or
otherwise provided by law.
2. Compensation for the
subscribers and the recipients in the following cases:
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b) The damage occurs as a result
of the recording on the digital certificates the inaccurate information
compared with the information supplied by subscribers.
Article 30.
Obligations related to issuance of digital certificates
To ensure legal rights for
subscribers, organizations providing public certification service of digital
signatures are obliged as follows:
1. Instruct in writing to
organizations and individuals applying for digital certificaties before signing
the digital certificate contracts the following information:
a) Scope and limitations of use,
confidentiality levels, fees and charges for the provision and use of the type
of digital certificate that the person applying and other information likely to
affect the interests of the organizations and individuals applying for digital
certificates;
b) Requirements to ensure safety
in storage and use of the private key;
c) Procedures for complaints and
resolution of disputes;
d) Other contents decided by
organizations providing public certification service of digital signatures.
2. Formulate model contracts
used for the operation of issuance of digital certificates.
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4. Take responsibility before
the subscribers and the recipients of the accuracy of the information on
digital certificates.
5. Compensate for the subscriber
and the recipient when damage occurs as a result of the digital certificate
which has been issued contrary to the provisions of this Decree.
Article 31.
Obligations related to renewal of digital certificates
1. Upon receiving a request for
renewal of subscription according to provisions in Article 24 of this Decree,
organization providing public certification service of digital signatures is
obliged to complete the procedures for renewal of digital certificate before
subscriber’s digital certificate expires.
2. Organizations providing
public certification service of digital signatures are liable for paying
compensation to subscribers and recipients if there is any damage caused by
violation of clause 1 of this Article.
Article 32.
Rights and obligations relating to the suspension and recovery of digital
certificates
Organizations providing public
certification service of digital signatures are obliged to:
1. Ensure information channel to
receive request for suspension of digital certificates to operate 24 hours per
day and seven days per week.
2. Store all information
relating to the suspension of digital certificates in a period of at least five
years, since digital certificates have been suspended.
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4. Pay compensation for damage
to the concerned parties in case damages occur as a result of the failure to
comply with the provisions of clauses 2, 3, Article 26 of this Decree.
Article 33.
Obligations related to revocation of digital certificates
Organizations providing public
certification service of digital signatures have obligations as follows:
1. Ensure information channel to
receive request for revocation of digital certificates to operate 24 hours per
day and seven days per week.
2. Store all information
relating to the revocation of digital certificates, and the digital
certificates revoked in a period of at least five years, since digital
certificates have been revoked.
3. Keep secret the private key
of the subscriber in the case subscriber authorizes and store information
related to the subscriber's digital certificate for a period of at least five
years, since digital certificate has been revoked.
4. Pay compensation for damage
to the concerned parties in case damages occur as a result of the failure to
comply with the provisions of Article 27 of this Decree.
Article 34.
Obligations related to key management activities
Organizations providing public
certification service of digital signatures have obligations as follows:
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2. Make use of all the
facilities and with the best efforts to notify subscribers and adopt measures
to prevent and correct promptly in case of detecting exposure signals of the subscribers’
private keys, not longer be the integrity or any other error that adversely
affects the interests of subscribers.
3. Recommend the subscribers on
the change of key pairs as needed to ensure reliability and high security for
the key pairs.
4. Pay compensation for damage
to the subscribers and the recipients if damage occurs as a result of the
exposure of process of the key pairs creation, the subscribers' private keys in
the transfer process, or store the subscribers’ private keys in case organizations
providing certification service of digital signatures keep the subscribers'
private keys.
Article 35.
The obligations to suspend of issuance of new digital certificates
1. Organizations providing
public certification service of digital signatures must suspend of issuance of
new digital certificates in the following cases:
a) Upon detecting the errors in
the system providing its services that may affect the interests of subscribers
and the recipients;
b) Upon request from the
competent State agencies.
2. Upon suspending the issuance
of new digital certificates, the organizations providing public certification
service of digital signatures must announce publicly the suspension on their
websites and report to the competent State agencies.
3. During the suspension of the
issuance of new digital certificates, the organizations providing public
certification service of digital signatures are responsible for maintaining the
database system related to digital certificates issued.
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Organizations providing public
certification service of digital signatures must announce and maintain
information 24 hours per day and seven days per week on their websites the
following information:
1. Their certification
Regulation and digital certificates.
2. List of valid, suspended,
revoked digital certificates of the subscribers.
3. Other necessary information.
Article 37.
Obligations of risk insurance purchase
In the absence of deposit or
guarantee of the bank under the provisions of clause 2 of Article 15 of this
Decree, organizations providing public certification service of digital
signatures must buy insurance to solve the risks and the compensation that can
occur for the subscribers and the recipients in case of damage caused by the
fault of the organizations providing public certification service of digital
signatures and pay costs for other organizations providing public certification
service of digital signatures to receive and maintain database when such organizations’
licenses are revoked.
Article 38.
Obligations relating to the request for licenses and deployment of licenses
Organizations providing public
certification service of digital signatures have the following obligations:
1. Take full responsibility
before law for the accuracy of dossiers applying for licenses.
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3. Pay fees and charges of
license issuance as prescribed.
Article 39.
Rights and obligations as being revoked the licenses providing public
certification service of digital signatures
1. Organizations providing
public certification service of digital signatures revoked licenses are obliged
to hand over documents and databases related to digital certificates and the
issuance of digital certificates for the receiving organizations under clause 3
of Article 20 of this Decree.
2. Organizations providing
public certification service of digital signatures revoked licenses are obliged
to inform subscribers on the status to be revoked their licenses and
information on the receiving organizations of their database. Where the
revocation of licenses is from the cause enterprises do not want to continue to
provide service, the notification must be made at least 3 months before the
enterprises stop providing services.
3. Organizations receiving
database of organizations providing public certification service of digital
signatures revoked licenses must exercise the rights and perform obligations
for the subscribers and the recipients of the organizations providing public
certification service of digital signatures revoked licenses.
4. After a period of 03 years
from the date of revocation of license, the organizations providing public
certification service of digital signatures revoked licenses may apply for
license reissuance. Conditions and procedures for reissuance are conducted
according to the regulations as for the cases of applying for new issuance.
Article 40.
Other rights and obligations
1. Report regularly and
irregularly at the request of the competent State agencies.
2. Submit to the examination,
inspection, and handling of violations of the competent State agencies.
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4. In case of emergency provided
for by the law on emergency status or to ensure national security,
organizations providing public certification service of digital signatures have
the obligations to implement all the necessary supports upon request of the
competent State agencies.
ITEM 2:
RIGHTS AND OBLIGATIONS OF THE SUBSCRIBERS OF ORGANIZATIONS PROVIDING PUBLIC
CERTIFICATION SERVICE OF DIGITAL SIGNATURES
Article 41.
Rights and obligations of subscribers in the provision of information
Subscribers of the organizations
providing public certification service of digital signatures have the following
rights and obligations:
1. Having the obligations to
provide its personal information honestly, accurately, and present the
documents for the issuance of digital certificates to organizations providing
public certification service of digital signatures; take responsibility before
the law and damages occur if violating this provision.
2. Having the right to request
the organizations providing public certification service of digital signatures
to provide for in writing the information specified in clause 1 of Article 30
of this Decree.
3. To provide private key and
the necessary information for the agency proceeding procedures, security
agencies to serve the national security assurance or criminal investigation
under the provisions of law.
Article 42.
Creation, use, and management of key
Subscribers of the organizations
providing public certification service of digital signatures have the following
rights and obligations:
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2. Store and use their private
keys safely, secretly during the valid and suspended period of their digital
certificates.
3. Promptly notify their
organizations providing public certification service of digital signatures, if
detecting signs that their private keys are exposed, stolen, or used illegally
to take measures to handle.
4. Take responsibility before
law for all damages caused by violations the provisions in clauses 1, 2 and 3
of this Article.
Article 43.
Liability
1. Upon agreeing to let the
organizations providing public certification service of digital signatures
disclose their digital certificates as prescribed in clause 3 of Article 23 of
this Decree or upon provided the digital certificates to other persons with the
purpose for the transaction, the subscribers are deemed to have committed with
recipients that subscribers are the one who hold lawfully private keys
corresponding public keys on such digital certificates and the information on
the digital certificates related to subscribers are true, and must comply with
the obligations derived from such digital certificates.
2. Having the right to request
their organizations providing public certification service of digital
signatures to suspend; revoke digital certificates issued and take
responsibility for that requirement.
ITEM3:
OBLIGATIONS OF THE RECIPIENTS
Article 44.
The obligation to verify information
1. Before accepting the signer's
digital signature, the recipient must check the following information:
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b) The digital signature must be
created by the private key corresponding to public key on the signer's digital
certificate.
2. The recipient must pay for
all damages caused in the following cases:
a) Failure to comply with the
provisions of clause 1 of this Article;
b) Knew or informed of the
unreliability of digital certificate and the signer's private key.
Chapter 6:
ORGANIZATIONS PROVIDING
SPECIALIZED CERTIFICATION SERVICE OF DIGITAL SIGNATURES
ITEM 1:
CONDITIONS AND PROCEDURES FOR REGISTRATION OF ORGANIZATIONS PROVIDING
SPECIALIZED CERTIFICATION SERVICE OF DIGITAL SIGNATURES
Article 45.
Operating conditions of organizations providing specialized certification
service of digital signatures
Organizations providing
specialized certification service of digital signatures must meet the following
conditions:
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2. System of equipment to
provide service must be in accordance with standards of security and national
safety.
Article 46.
Process and procedures for registration of operations of organizations
providing specialized certification service of digital signatures
Before the operation,
organizations providing specialized certification service of digital signatures
must register with the Ministry of Post and Telecommunications by the following
contents:
1. Name and address of the
organization's headquarter.
2. Detailed information on the
head and the person who is in charge of administration of equipment system for
providing service.
3. Scope, object of service
provision.
4. The technical regulations and
standards will be applied.
Article 47.
Rights and obligations of organizations providing specialized certification
service of digital signatures
Organizations providing
specialized certification service of digital signatures have the rights and
obligations:
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2. Define the rights and
obligations of the concerned parties on the basis of not contrary to the
provisions of relevant laws and principles of the legal system of Vietnam.
3. Submit to the examination,
inspection, and handling of violations of the competent State agencies.
4. Provide for the agency
proceeding procedures or security agency the necessary information to ensure
information security, crime prevention investigation according to the right
order, procedures of the procedural law.
5. In case of emergency provided
for by the law on emergency status or to ensure national security,
organizations providing specialized certification service of digital signatures
have the obligations to implement all the necessary supports upon request of
the competent State agencies.
6. Organizations providing
specialized certification service of digital signatures may request the
Ministry of Post and Telecommunications to issue the certificates of sufficient
conditions to ensure security for digital signatures to ensure the safety of
digital signatures in accordance with provisions in Article 9 of this Decree.
Conditions and procedures for issuance of the certificates of sufficient
conditions to ensure security for digital signatures comply with the provisions
of Article 48, Article 49, and Article 50 of this Decree.
ITEM 2:
CONDITIONS AND PROCEDURES FOR ISSUANCE OF THE CERTIFICATES OF SUFFICIENT CONDITIONS
TO ENSURE SECURITY FOR DIGITAL SIGNATURES
Article 48.
Conditions for issuance of the certificates of sufficient conditions to ensure
security for digital signatures
Organizations providing
specialized certification service of digital signatures are only issued the
certificates of sufficient conditions to ensure security for digital signatures
as satisfying the conditions for the personnel, technical and other conditions
as specified in clauses 3, 4, 5, Article 15 of this Decree.
Article 49.
Dossiers of application for issuance of certificates of sufficient conditions
to ensure security for digital signatures
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1. A written request for
issuance of certificate of sufficient conditions to ensure security for digital
signature.
2. Decision on the establishment
and operation charter of the organization.
3. Project to provide for
service includes:
a) Scope, object of service
provision, other necessary information;
b) Technical plans to ensure the
provisions of Article 48 of this Decree;
c) Regulation of certification;
d) Detailed information on the
person and levels, qualifications of personnel will directly participate in the
provision of digital signature certification services of the organization.
Article 50.
Verification of dossiers and issuance of certificates of sufficient conditions
to ensure security for digital signatures
Within 60 working days from the
date of receipt of dossier applying for certificate of sufficient conditions to
ensure security for digital signature, the Ministry of Post and
Telecommunications shall preside over and coordinate with the Ministry of
Public Security, the Government Committee for Cipher and the concerned
ministries, branches to appraise the dossier and actual inspection. In case of
meeting sufficient conditions to provide for service specified in Article 48,
the Ministry of Post and Telecommunications will issue certificate of
sufficient conditions to ensure security for digital signature for the
organization. If the organization fails to meet the conditions as prescribed,
the Ministry of Post and Telecommunications shall send written notice stating
the reasons.
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Organizations providing
specialized certification service of digital signatures granted certificates of
sufficient conditions to ensure security for digital signatures have the
following rights and obligations:
1. Prescribe operations, rights
and obligations of the concerned parties on the basis of not contrary to the
provisions of relevant laws and principles of the legal system in Vietnam.
2. Report regularly and
irregularly at the request of the competent State agencies.
3. Submit to the examination,
inspection, and handling of violations of the competent State agencies.
4. Provide for the agency
proceeding procedures or security agency the necessary information to ensure
the information security, crime prevention investigation according to the right
order, procedures of the procedural law.
5. In case of emergency provided
for by the law on emergency status or to ensure national security,
organizations providing specialized certification service of digital signatures
granted certificates of sufficient conditions to ensure security for digital
signatures have the obligations to implement all the necessary supports upon
request of the competent State agencies.
Chapter 7:
RECOGNITION OF DIGITAL
SIGNATURES, DIGITAL CERTIFICATES, AND OPERATION OF THE SERVICE PROVISION OF
FOREIGN ORGANIZATIONS PROVIDING CERTIFICATION SERVICE OF DIGITAL SIGNATURES
Article 52.
Recognition of foreign digital signatures and digital certificates
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2. Foreign organizations
providing certification service of digital signatures are granted certificates
of recognition of foreign digital signatures and digital certificates 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 granted license by the
competent authorities of its country or being certified sufficient conditions
to operate in the field of certification service provision of digital
signatures and operating.
c) The reliability of digital
signatures and digital certificates granted by the organization providing
certification service of digital signatures is not lower than the reliability
of digital signatures and digital certificates issued by organization providing
public certification service of digital signatures of Vietnam.
d) Having representative offices
in Vietnam to solve the relevant issues.
Article 53.
Dossiers for issuance of certificates of recognition of foreign digital
signatures and digital certificates
A dossier of application for
issuance of certificate of recognition of foreign digital signature and digital
certificate is made in 06 sets, each set comprises:
1. Written request for
recognition of foreign digital signatures and digital certificates of foreign
organization providing certification service of digital signatures.
2. The documents prove to meet
fully the provisions of clauses 1, 2, 3, 4, Article 52 of this Decree.
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4. Other contents as required by
the Ministry of Post and Telecommunications.
Article 54.
Verification of dossiers and issuance of certificates of recognition of foreign
digital signatures and digital certificates
Within 60 working days from the
date of receipt of dossier requesting for grant of certificate of recognition
of foreign digital signatures and digital certificates, the Ministry of Post
and Telecommunications shall preside over and coordinate with the Ministry of
Public Security, Government Committee for Cipher and the concerned ministries,
branches to verify dossier. Where meeting fully the conditions prescribed in
Article 52, the Ministry of Post and Telecommunications will issue certificate
of recognition of foreign digital signature and digital certificate for the
foreign organization providing certification service of digital signatures. In
case of failing to meet fully the conditions as prescribed, the Ministry of
Post and Telecommunications shall send written notice and stating clearly the
reasons.
Article 55.
Operations of service provision of the foreign organizations providing
certification service of digital signatures
1. The investment in the service
provision of the foreign organizations providing certification service of
digital signatures in Vietnam shall comply with the provisions of law on
investment, the international treaty on certification service of digital
signatures that Vietnam has signed or acceded to.
2. Operations of foreign
organizations providing certification services of digital signatures in Vietnam
comply with the regulations on operation conditions, activities, rights, and
obligations as for organizations providing public certification services of
digital signatures.
Chapter 8:
PROVISION ORGANIZATIONS
OF CERTIFICATION SERVICE OF DIGITAL SIGNATURES
Article 56.
Establishment of national organizations providing certification services of the
digital signatures
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2. National organizations
providing certification services of the digital signatures self-issue their
digital certificates.
Article 57.
Operation of service provision, rights and obligations of national
organizations providing certification services of the digital signatures
The operation of issuance and management
of digital certificates of the national organizations providing certification
services of the digital signatures, rights and obligations of the concerned
parties must comply with the provisions of Chapter IV and Chapter V of this
Decree, therefore, the national organizations providing certification services
of the digital signatures play a role as the organizations providing public
certification services of the digital signatures, the organizations providing
public certification services of the digital signatures play a role as the
subscribers, with some modified, additional provisions as follows:
1. Dossiers applying for
issuance of digital certificates provided for in Article 21 of this Decree
supplement licenses of organizations providing public certification service of
digital signatures issued by the Ministry of Post and Telecommunications.
2. Key pair specified in Article
22 of this Decree is self-created by organizations providing public
certification service of digital signatures on their own systems.
3. Contents should be checked
before issuance of digital certificates provided for in clause 1 of Article 23
of this Decree are supplemented the inspection of compliance with the operating
conditions specified in clause 4, clause 5 of Article 15 of this Decree.
4. Public information specified
in Article 36 of this Decree is published on websites of organizations
providing national certification service of digital signatures or organizations
providing public certification service of digital signatures.
Chapter 9:
DISPUTES, COMPLAINTS,
DENUNCIATION AND COMPENSATION
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Disputes between the parties in
the provision and use of public certification service of digital signatures are
settled on the basis of the contracts between the parties and the provisions of
relevant laws.
Article 59.
Complaints and Denunciations
The complaints against
administrative decisions and administrative acts of digital signatures and
certification service of digital signatures; the denounciation to the competent
State agencies for the violations related to the digital signatures and
certification service of digital signatures are implemented in accordance with
the law provisions on complaints and denunciations.
Article 60.
Compensation for damages
1 Organizations and individuals
causing damages to other organizations and individuals in the provision, use of
digital signature certification service shall be compensated in accordance with
the law regulations.
2. Ministry of Post and
Telecommunications shall specify the principles and the compensation rate in
the provision and use of digital signature certification service.
Chapter
10:
INSPECTION, EXAMINATION
AND HANDLING OF VIOLATIONS
Article 61.
Inspection and examination
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2. The providing organizations
and organizations, individuals using the certification services of digital
signatures are subject to the inspection or examination by the competent state
agencies under the provisions of law.
3. The inspection of the
organizations and individuals involved in the management, provision and use of
digital signature certification service is conducted under the provisions of
law on inspection.
Article 62.
Violation of the rules of operating conditions
1. A fine of between VND
1,000,000 and 2,000,000 shall be imposed for the act of failing to conduct the
procedures for reissuance when being lost or damaged to the extent that its
content is no longer clear for one of the following papers:
a) License providing for public
certification service of digital signatures;
b) Certificate of sufficient
conditions to ensure security for digital signatures;
c) Writen recognition of foreign
digital signatures and digital certificates.
2. A fine of between VND
4,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) Applying for extension of
license providing for public certification service of digital signatures fails
to ensure the period as stipulated in clause 1 of Article 19 of this Decree;
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c) Provision of specialized certification
service of digital signatures fails to meet the conditions specified in clause
1 of Article 45 of this Decree.
3. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for one of the following acts:
a) Erasing, modifying contents of
the certificates of sufficient conditions to ensure security for digital
signatures;
b) Purchasing, selling,
transferring, leasing, lending or renting, borrowing certificates of sufficient
conditions to ensure security for digital signatures;
c) Providing information,
documentation falsely aimed at the operation registration or applying for
issuance of certificates of sufficient conditions to ensure security for
digital signatures.
4. A fine of between VND
20,000,000 and 40,000,000 VND shall be imposed for one of the following acts:
a) Erasing, modifying contents
stated in the certificates providing for public certification service of
digital signatures;
b) Erasing, modifying contents
stated in the certificate of recognition of foreign digital signatures and
digital certificates;
c) Purchasing, selling,
transferring, leasing, lending or renting, borrowing papers prescribed at
points a, b, clause 1 of this Article;
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đ) Providing information,
documentation falsely aimed at the application for issuance of certificate of
recognition of foreign digital signatures and digital certificates;
e) During the provision of
digital signature certification service, it does not meet the conditions for
the personnel as specified in clause 3 of Article 15 of this Decree;
g) Saving the copy of the
private key without the written request of organization or individual applying
for digital certificate.
5. A fine of between VND
50,000,000 and 70,000,000 shall be imposed for one of the following acts:
a) Providing digital signature
certification service to the public without license providing the public
digital signature certification service issued by the Ministry of Post and
Telecommunications or digital certificates issued by organization providing
national digital signature certification service;
b) Providing public digital
signature certification service when the digital certificate granted by
organization providing national digital signature certification service is
invalid or license providing the public digital signature certification service
has expired.
6. A fine of between 70,000,000
VND and 100,000,000 VND shall be imposed for one of the following acts:
a) Failing to buy insurance in
the absence of deposit or guarantee as stipulated in Article 37 of this Decree;
b) During the provision of
certification service of public digital signature, it fails to meet the
financial conditions specified in clause 2 of Article 15 of this Decree;
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Article 63.
Violation of the regulations on safety and security
1. A fine of between VND
5,000,000 and 10,000,000 shall be imposed for one of the following acts:
a) Unauthorized prevention of
use of digital certificates;
b) Unauthorized storage of
another’s private key;
c) Information storage related
to organizations and individuals applying for digital certificates fails to be
guarantee the confidentiality and safety;
d) Use of information relating
to organizations and individuals applying for digital certificates is not in
accordance with the law regulations;
đ) Failure to ensure safety in
the creation or transfer of digital certificates to subscribers.
2. A fine of between VND
10,000,000 and 30,000,000 shall be imposed for the following acts:
a) Committing theft, forging,
falsely assuming, appropriating another person's private key;
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c) Accessing, disclosing, using unlawfully
subscribers’ information and of organizations providing certification service
of digital signatures;
d) Failing to keep secret the
entire process of creating the key pairs;
đ) Using equipment not in
compliance with technical regulations and applicable mandatory standards to
create the key pairs;
e) Using the method not ensuring
safe to transfer the private key to the organizations or individuals applying
for digital certificates;
g) Creating the key pairs in
contravention of law;
h) Failing to store
confidentially information on the subscribers and the subscribers’ private keys
during the suspension of digital certificates;
i) Modifying unlawfully
subscribers’ information and of organizations providing certification service
of digital signatures;
k) Failing to ensure the secrecy
of the subscribers’ private keys in case of authorized subscribers.
3. A fine of between VND
30,000,000 and 50,000,000 shall be imposed for one of the following acts:
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b) Disclosing or supplying
illegally private keys of organizations providing specialized certification
service of digital signatures;
c) Using unlawfully another
person's private key;
d) Faking or guiding the others
to forge digital certificates;
đ) Creating digital signatures
not ensuring one of the conditions specified in Article 9 of this Decree;
e) Using technical equipment
system without function of detection, warning of the illegal access and other
forms of attack in the network environment;
g) Using key distribution system
for the subscribers not ensuring the integrity and confidentiality of the key
pairs;
h) Failing to implement a plan
to control the entrance or exit of office or the place where the equipment is
located to provide certification service of digital signatures;
i) Failing to implement a plan
to control access right into the system providing certification service of
digital signatures;
k) Using unlawfully the private
keys of organizations providing specialized certification service of digital
signatures;
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m) Violating regulations on
other safety and security as prescribed by law.
4. A fine of between VND
50,000,000 and 70,000,000 shall be imposed for one of the following acts:
a) Preventing illegally operation
of organizations providing certification service of digital signatures;
b) Using unlawfully the private
keys of organizations providing public certification service of digital
signatures;
c) Disclosing or providing
illegally the private keys of organizations providing public certification
service of digital signatures;
d) Stealing the private keys of
organizations providing public certification service of digital signatures.
5. A fine of between 70,000,000
VND and 100,000,000 VND shall be imposed for one of the following acts:
a) Failing to implement or
implementing inadequate contingency plans to maintain operation safely,
continuously and overcome when the problem occurs;
b) Stealing the private keys of national
organizations providing certification service of digital signatures;
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d) Using unlawfully the private
keys of national organizations providing certification service of digital
signatures;
đ) Destroying equipment,
databases of organizations providing certification service of digital
signatures that it is not serious enough for criminal prosecution;
e) Failing to implement or
implementing improperly requirements of the competent State agencies in case of
emergency in accordance with the law regulations on the state of emergency or
to ensure national security.
Article 64.
Violation of provisions on technical regulations and applicable mandatory
standards
1. A fine of between VND
10,000,000 and 30,000,000 shall be imposed for the act of providing
certification service of digital signatures of organizations providing
specialized certification service of digital signatures not in compliance with
the registered standards.
2. A fine of between VND
30,000,000 and 50,000,000 shall be imposed for the act of providing
certification service of digital signatures of organizations providing public
certification service of digital signatures not ensuring the registered
standards.
3. A fine of between VND
50,000,000 and 70,000,000 shall be imposed for one of the following acts:
a) The technical plans do not
comply with technical standards in the operation;
b) Provision of certification
service of digital signatures does not conform to technical regulations, and
applicable mandatory standards.
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1. For the violations of service
rates in the provision of certification service of digital signatures, it shall
comply with provisions in Decree No.169/2004/ND-CP of September 22, 2004 of the
Government on sanction against administrative violations in the price sector.
2. For the violations of fees,
charges in the provision of certification service of digital signatures, it
shall comply with provisions in Decree No.106/2003/ND-CP of September 23, 2003
of the Government defining the sanction of administrative violations in the
area of fees, charges.
Article 66.
Violation of the regulations on service provision
1. A fine of between 1,000,000
VND and 5,000,000 VND shall be imposed for one of the following acts:
a) Guiding incorrect or
incomplete information specified in clause 1 of Article 30 of this Decree;
b) Failing to instruct in
writing for the organizations and individuals applying for digital certificates
before signing the contracts of provision of digital certificates;
c) Failing to extend digital
certificates of the subscribers when they request in accordance with provisions;
d) Failing to meet the
communication channel 24 hours per day and seven days per week to receive the
request of withdrawal and suspension of digital certificates;
đ) Failing to store information
related to digital certificates for a period of at least 5 years from the date
that digital certificates are revoked;
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2. A fine of between VND
5,000,000 and 10,000,000 VND shall be imposed for one of the following acts:
a) Failing to notify the
subscribers in the case found the private keys’ exposed signs of the
subscribers, not remaining intact or any other errors that may affect adversely
the interests of the subscribers;
b) Failing to notify the
subscribers on the status of being revoked their licenses providing public
certification service of digital signatures and information on the
organizations receiving their database;
c) Failing to notify subscribers
before terminating the service provision within the time specified in clause 2
of Article 39 of this Decree;
d) Failing to notify the
subscribers on the suspension, the starting and ending time of the suspension
when there are grounds to suspend the subscribers’ digital certificates;
đ) Faling to publicly announce
the suspension of issuance of the new digital certificates on their website;
e) Refusing to issue digital
certificates without legitimate reason;
g) The public certification Regulation
does not follow the form of the Ministry of Post and Telecommunications or has
content not conforming to the provisions of this Decree;
h) Failing to publicize the
certification Regulation in the form of the Ministry of Post and
Telecommunications;
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k) Failing to register with the
Ministry of Post and Telecommunications as stipulated in Article 46 of this
Decree;
l) Failing to formulate the
model contract for the provision of digital certificates;
m) Provision of the timestamp
issuing service does not conform to technical regulations and applicable
mandatory standards;
n) Failing to report to the
competent State agencies the suspension of issuing the new digital
certificates.
3. A fine of between VND
10,000,000 and 20,000,000 for shall be imposed for one of the following acts:
a) Disclosing digital
certificates issued to subscribers on the basis of database without the
subscribers’ confirmation of the accuracy of information on the digital
certificates;
b) Failing to publicize on the
website the digital certificates of being newly granted, suspended, revoked,
the starting and ending time of the suspension of digital certificates;
c) Failing to recover digital
certificates when their suspension has expired;
d) Failing to store all the
information related to the suspension or revocation of digital certificates for
a period of at least 5 years;
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e) Failing to report to the
Ministry of Post and Telecommunications in the absence of agreement of the
handover of database related to the provision of public digital signature
certification service as being revoked licenses providing public digital
signature certification service;
g) Changing key pair without the
subscriber's request;
h) Failing to store information
related to organizations and individuals applying for digital certificates.
4. A fine of between VND
20,000,000 and 40,000,000 VND shall be imposed for one of the following acts:
a) Failing to suspend digital
certificates at the request of the subscribers or of the competent State
agencies;
b) Failing to revoke digital
certificates at the request of the subscribers or of the competent State
agencies;
c) Publicizing falsely the
contents of digital certificates on the basis of their data;
d) Certificates of incomplete
contents as prescribed in Article 10 of this Decree;
đ) Issuing digital certificates
inconsistent with titles of the State agencies, organizations in accordance
with Article 11 of this Decree or not in compliance with the law regulations;
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g) Failing to comply with the
suspension or revocation of licenses as prescribed in clause 1, 2, Article 20
of this Decree;
h) Publicizing digital
certificates issued to subscribers on the basis of the database not ensuring
the time limit specified in clause 3 of Article 23 of this Decree;
i) Issuing the timestamp
inconsistent with the provisions of clause 3 of Article 28 of this Decree;
k) Failing to suspend the
issuance of new digital certificates when errors are detected in the system
providing certification service of digital signatures.
5. A fine of between VND
40,000,000 and 70,000,000 shall be imposed for the following acts:
a) Failing to hand over
documents and databases as stipulated in clause 1 of Article 39 of this Decree;
b) Failing to report to the
Ministry of Post and Telecommunications for considering the content changes, withdrawal
or renewal of licenses in accordance with the objects to be licensed when the
organizations providing public certification service of digital signatures
implement the merger, joint ventures, parnership and other activities of
organizational change;
c) Implementing or providing the
certification service of digital signatures not in compliance with the content
stated in the licenses providing the public certification service of digital
signatures;
d) Failing to suspend the
issuance of new digital certificates at the request of the competent State
agencies;
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6. A fine of between 70,000,000
VND and 100,000,000 VND shall be imposed for one of the following acts:
a) Failing to maintain online 24
hours per day and seven days per week the list of valid digital certificates
and the expired one;
b) Failing to store fully,
accurately, to update the list of valid digital certificates and the expired
one for a period of at least 5 years;
c) Equipment system providing
the digital signature certification service of the organizations providing the
digital signature certification service granted by the Ministry of Post and
Telecommunications the licenses providing the digital signature certification
service or certificates of sufficient conditions to ensure security for digital
signatures is not located in Vietnam;
d) Failing to maintain on the
website 24 hours per day and seven days per week the information specified in
Article 36 of this Decree.
Article 67.
Violation of the regulations on use of service
1. A fine of between VND
10,000,000 and 20,000,000 shall be imposed for act of failing to provide the
private key or the necessary information to the agency proceeding procedures,
security agencies.
2. A fine of between VND
20,000,000 and 30,000,000 shall be imposed for one of the following acts:
a) Providing false information
to apply for digital certificates;
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Article 68.
Violation of the regulations on regime of report, information supply and
inspection and examination
A fine of between VND 5,000,000
and 15,000,000 shall be imposed for one of the following acts:
Violation of the report regimes
as prescribed.
1. Providing incomplete or false
information for the competent state agencies as required under the provisions
of law.
2. Failing to comply with the
inspection or examination of the competent State agencies.
Article 69.
Additional sanctions, remedies
In addition to the main
sanctions, depending on the nature and seriousness of violations, organizations
and individuals may be subject to one or more additional sanctions or remedies
as follows:
1. To suspend or discontinue the
issuance of new digital certificate for one of the acts of violation specified at
point c, clause 2 of Article 62, point d, clause 2 of Article 63, Article 64,
clause 2, points a, c, d, clause 3 of Article 66 of this Decree.
2. To revoke license providing
public digital signature certification service or certificate of sufficient conditions
to ensure security for digital signatures or the certificate of recognition of
foreign digital signatures and digital certificates for one of the acts of
violation specified at point b, c, clause 2 of Article 62, point d, clause 2 of
Article 63, Article 64, point b, clause 2, point a, c, d, clause 3 of Article
66 of this Decree.
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4. Forced to restore the
original state which has already been caused by the administrative violations
for one of the violations as specified at point b, clause 1; point b, clause 3
of Article 63 of this Decree.
5. Forced to comply with the
provisions of the State for violations of clause 1, points a, c, clause 2,
clause 3, Article 62, point d, clause 2, point d, clause 3, Article 63, Article
64, clause 1, point a, b, clause 2, clause 3, Article 66, Article 68 of this
Decree.
Article 70.
Competence to sanction
1. Specialized inspectors of
post, telecommunications, and information technology who are on duty have the
rights:
a) To impose a fine of up to VND
200,000;
b) To confiscate material
evidences and means used for administrative violations valued at up to VND
2,000,000;
c) To apply the remedies as
specified in clause 4 and clause 5 of Article 69 of this Decree;
d) To exercise the rights
specified in clause 2 of Article 46 and clause 2 of Article 48 of the Ordinance
on Handling of Administrative Violations.
2. Chief Inspector of the
Department of Post and Telecommunications has the rights:
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b) To apply the additional
sanctions and remedies as specified in Article 69 of this Decree;
c) To exercise the rights
specified in clause 1 of Article 46 of the Ordinance on Handling of
Administrative Violations.
3. Chief Inspector of the
Ministry of Post and Telecommunications has the rights:
a) To impose a fines of up to
VND 100,000,000;
b) To apply the additional
sanctions and remedies as specified in Article 69 of this Decree;
c) To exercise the rights
specified in clause 1 of Article 46 of the Ordinance on Handling of
Administrative Violations.
4. Inspectors and chief
inspectors of other specialized inspection agencies are competent to sanction
administrative violations in the field of digital signatures and certification
service of digital signatures like specialized inspectors of post and
telecommunications and information technology within the state management
defined by the Government.
People's Public Security,
customs, tax offices, market management agencies are competent to sanction as
prescribed in Articles 31, 34, 36 and 37 of the Ordinance on Handling of
Administrative Violations for the administrative violations on digital
signatures and certification service of digital signatures directly related to
their management areas specified in this Decree.
5. The sanctioning competence of
the People's Committees at all levels
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Article 71.
Principles, the prescription and procedures for handling of administrative
violations, aggravating, extenuating circumstances
The principles for sanctioning,
the prescription for sanctioning, procedures for sanctioning administrative
violations, aggravating, extenuating circumstances, the time limit considered
as not yet sanctioned for administrative violations on digital signatures and
certification service of digital signatures shall comply with the provisions of
the Ordinance on Handling of Administrative Violations.
Article 72.
Prosecution for criminal liability
Acts of taking advantage of
digital signatures and digital signature certification service to conduct
against the State of the Socialist Republic of Vietnam and disrupt security and
order, social security; the other serious violations related to digital
signatures and certification service of digital signatures having the signs of
crimes will be prosecuted for criminal liability according to the law
provisions.
Chapter
11:
IMPLEMENTATION
PROVISIONS
Article 73.
Implementation Provisions
This Decree takes effect 15 days
after its publication in the Official Gazette.
The ministers, heads of
ministerial-level agencies, heads of governmental agencies, presidents of People's
Committees of provinces and cities under central authority shall implement this
Decree.
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FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung