Decree No. 58/2016/ND-CP dated July 01, 2016 of the Government on the sale and provision of civil cryptography products and services and the exportation or importation of civil cryptography products

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Decree No. 58/2016/ND-CP dated July 01, 2016 of the Government on the sale and provision of civil cryptography products and services and the exportation or importation of civil cryptography products
Issuing body: GovernmentEffective date:
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Official number:58/2016/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:01/07/2016Effect status:
Known

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Fields:Civil , Commerce - Advertising , Export - Import , National Security , Information - Communications
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Effect status: Known

THE GOVERNMENT

Decree No. 58/2016/ND-CP dated July 01, 2016 of the Government on the sale and provision of civil cryptography products and services and the exportation or importation of civil cryptography products
Pursuant to the Law on government organization dated June 19, 2015;
Pursuant to the Law on network information security dated November 19, 2015;
Pursuant to the Law on handling of administrative violations dated June 20, 2012;
At the request of the Minister of National Defense;
The government promulgates the Decree on the sale and provision of civil cryptography products and services and the exportation or importation of civil cryptography products.
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Decree elaborates the sale and provision of civil cryptography products and services and the importation or exportation of civil cryptography products. Moreover, it defines the list of civil cryptography products and services and the list of civil cryptography products imported and exported under license. It also regulates the activities of inspecting and handling of administrative violations in the sector of civil cryptography.
Article 2. Subject of application
1. Traders of civil cryptography products and services, importers and exporters of civil cryptography products and related organizations and individuals.
2. Organizations and persons committing administrative violations in relation to civil cryptography, individuals competent to make written records of and sanctions against administrative violations related to civil cryptography, and related entities.
The list of civil cryptography products and services and the list of civil cryptography products exported and imported under license are enclosed to Appendix II of this Decree.
1. Enterprises shall be licensed to sell and provide civil cryptography products and services upon their fulfillment of requirements as defined in section 2, Article 31 of the Law on network information security.
2. The licensing requirements as stated in point a, section 2, Article 31 of the Law on network information security are that: The enterprise has to employ at least 02 technicians who possess university-level or higher qualifications in electronics - telecommunications, information technology, mathematics or information security. Moreover, the managerial personnel of the enterprise have graduated in electronics - telecommunications, information technology, mathematics, information security or other discipline with a training certificate in information security.
3. The licensing requirements as stated in point dd, section 2, Article 31 of the Law on network information security are that the enterprise must possess a customer and technical service system pertinent to its business scope, target customers and product range. 
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