Decision No. 25/2006/QD-BTM dated July 25, 2006 of the Ministry of Trade promulgating the Regulation on the use of digital signatures of the Trade Ministry

DECISION

PROMULGATING THE REGULATION ON THE USE OF DIGITAL SIGNATURES OF THE TRADE MINISTRY

THE MINISTER OF TRADE

Pursuant to the November 29, 2005 Law on E-Transactions;

Pursuant to the Government's Decree No. 29/2004/ND-CP of January 16, 2004, defining the functions, tasks, powers and organizational structure of the Ministry of Trade;

Pursuant to the Government's Decree No. 57/2006/ND-CP of June 9, 2006, on e-commerce;

Pursuant to the Prime Minister's Decision No. 94/2006/QD-TTg of April 27, 2006, approving the plan on state administrative reform in the 2006-2010 period;

At the proposal of the director of the E-Commerce Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on the use of digital signatures of the Trade Ministry.

Article 2.- This Decision shall take effect 15 days after its publication in "CONG BAO."

Article 3.- The directors of the Office and the E-Commerce Department; heads of units, and cadres and civil servants of the Trade Ministry shall have to implement this Decision.

REGULATION

ON THE USE OF DIGITAL SIGNATURES OF THE TRADE MINISTRY
(Promulgated together with the Trade Minister's Decision No. 25/2006/QD-BTM of July 27, 2006)

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Regulation provides for the use of digital signatures, grant of MOT-CA cards and management of the certification authority system of the Trade Ministry.

Article 2.- Subjects of application

This Regulation shall apply to the following subjects:

1. Units and individuals of the Trade Ministry.

2. Provincial/municipal Trade Services or Trade and Tourism Services conducting online transactions with the Trade Ministry by using software supplied by the Trade Ministry.

3. Enterprises using online public services provided by the Trade Ministry;

4. Other organizations and individuals conducting online transactions with the Trade Ministry and committing to observe the provisions of this Regulation.

Article 3.- Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Trade Ministry units and individuals include departments, the inspectorate, the Office, the Office of the National Committee for International Economic Cooperation, Vietnamese trade missions in foreign countries, non-business units under the Ministry and cadres and civil servants of these units.

2. Enterprises means enterprises using online public services provided by the Trade Ministry.

3. Users means subjects defined in Article 2 of this Regulation that are granted MOT-CA cards by the Trade Ministry and use digital signatures in conformity with the MOT-CA system's standards.

4. MOT-CA system means the whole information technology equipment, MOT-CA cards and card readers, computer software, the process of certifying digital signatures and other related elements applied by the Trade Ministry to ensure reliable and safe use of digital signatures.

5. MOT means the Trade Ministry's website at
http://www.mot.gov.vn.

6. eMOT means the internal network of the trade sector at http://emot.

7. Online public service means a public service provided by the Trade Ministry to enterprises and citizens via the Internet.

8. Data message means information created, transmitted, received or stored by electronic means.

9. Documents means all types of official letters and documents in the forms of legal documents (laws, ordinances, orders, resolutions, decrees, decisions, directives, and circulars) or administrative documents (decisions and directives applied to specific cases, statements, notices, programs, plans, schemes, reports, minutes, contracts, official letters, official telegraphs, certificates, credentials, invitations, letters of introduction, leave permits, travel papers, receipts, dossiers, dispatch slips, forwarding slips), specialized documents and documents of political organizations and socio-political organizations, treaties and other documents and information (certificates of origin, export permits, statistical data, etc.), sent by Trade Ministry units and individuals to one another or forwarded to, or received from, subjects defined in Clauses 2, 3 and 4, Article 2.

10. E-document means a document in the form of data message.

11. E-document bearing digital signatures means e-document affixed with digital signatures created therefrom.

12. Digital signature means electronic data included in, attached to, or rationally combined with an e-document based on private key/public key technology in order to identify the person who signs such e-document or confirm the signee's acceptance of information in such e-document.

13. MOT-CA card means a smart card containing a private key and a public key, information on the card holder and some other information in support of the MOT-CA system.

Article 4.- Legal validity of digital signatures

E-documents bearing digital signatures shall be as legally valid as signed and stamped paper documents.

Chapter II

RESPONSIBILITIES OF USERS

Article 5.- Registration for the grant of MOT-CA cards

Trade Ministry units and individuals and subjects defined in Article 2, when wishing to use digital signatures, shall register with the MOT-CA system-managing unit for the grant of MOT-CA cards, supply of card readers and installation of related software.

Subjects defined in Clauses 3 and 4, Article 2, shall have to pay expenses related to MOT-CA cards and other expenses for the use of the MOT-CA system.

When receiving MOT-CA cards, recipients shall sign a minutes on the hand-over of the card, a card reader and software for installation.

Article 6.- Monitoring of the validity term of cards

MOT-CA cards granted to units and individuals of the Trade Ministry and provincial/municipal Trade Services or Trade and Tourism Services shall be valid for two years.

MOT-CA cards granted to subjects defined in Clauses 3 and 4, Article 2, shall be valid for one year.

Upon the expiration of the aforesaid validity term, users may register with the MOT-CA system-managing unit for the renewal of cards or grant of new ones.

Article 7.- Responsibility for protection of cards and personal identification numbers

Users shall have to protect their MOT-CA cards while they are valid and return their expired cards to the unit that has granted them.

In case of loss of cards or disclosure of personal identification numbers (PIN), users shall promptly notify the MOT-CA system-managing unit thereof for the latter to apply appropriate protective measures.

Users shall have to bear full responsibility for consequences arising from the loss of cards or disclosure of PIN.

Article 8.- Responsibility upon sending of e-documents

When sending e-documents, users shall archive these e-documents in reliable media for use as proof when necessary.

When sending e-documents containing secret or non-public contents, senders shall encrypt these documents by the encryption tool of the MOT-CA system and bear full responsibility for consequences arising from their failure to encrypt these e-documents.

Article 9.- Responsibility upon receipt of e-documents

Users shall have to archive received e-documents and information relating to digital signatures for use as proof when necessary.

When receiving e-documents bearing digital signatures, addressees shall check the truthfulness of received e-documents before using them.

When detecting signs of unreliability or unsafety in the received e-documents, addressees shall have to notify the senders or the MOT-CA system-managing unit thereof for application of handling measures in accordance with law.

Chapter III

RESPONSIBILITIES OF THE MOT-CA SYSTEM-MANAGING UNIT

Article 10.- The MOT-CA system-managing unit

The Trade Ministry's E-Commerce Department shall be the unit in charge of managing the MOT-CA system.

Article 11.- Management of MOT-CA cards

The E-Commerce Department shall manage MOT-CA cards, including the grant of cards to, and installation of related software for, units and individuals wishing to use digital signatures, the suspension of the validity of cards for a given period of time or the withdrawal of cards from users who violate this Regulation, the Trade Ministry's regulations and other provisions of law.

To publicly notify on the eMOT or MOT the list of card holders whose cards are still valid, suspended or withdrawn.

To post the form of registration for use of digital signatures on the MOT and eMOT.

Article 12.- Assurance of the quality of cards

The E-Commerce Department shall have to ensure that each MOT-CA card contains a private key and a corresponding public key, some information on its holder, its validity term, and other related information that enable the card holder to sign e-documents with such card.

Article 13.- Supply of information to users

The E-Commerce Department shall provide for the validity term of cards through MOT-CA cards and software installed at users' computers or by other means.

Article 14.- Technical management of the MOT-CA system

The E-Commerce Department shall have to ensure the stable, safe and continuous operation of information technology equipment and computer software of the MOT-CA system, research and develop advanced digital signature technology compatible with the Trade Ministry's operation.

Article 15.- Training of users

The E-Commerce Department shall train users on the benefits brought about by digital signatures in the MOT-CA system, the skill of signing on e-documents, preservation of cards and other matters in order to support users to efficiently exploit the MOT-CA system.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 16.- Organization of implementation

The E-Commerce Department shall elaborate a plan on the application of the MOT-CA system in conformity with the Trade Ministry's and the Government's plans on administrative modernization and e-administration.

Trade Ministry units and individuals shall coordinate with the E-Commerce Department in applying the MOT-CA system and promptly notify the E-Commerce Department or the Ministry's leadership of difficulties arising during the development of this system.

Article 17.- Handling of violations

Those who intentionally forge digital signatures, hack the Trade Ministry's MOT-CA system or commit acts of destroying this system shall be held responsible before law for their violations.