Nghị định 170/2013/NĐ-CP sửa đổi Nghị định 26/2007/NĐ-CP hướng dẫn Luật giao dịch điện tử về chữ ký số và dịch vụ chứng thực chữ ký số

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