Circular 06/2024/TT-BTTTT recognition of foreign e-signature authentication service providers in Vietnam

CIRCULAR

Regulating the recognition of foreign e-signature authentication service providers in Vietnam; recognition of foreign e-signatures and e-signature certificates in Vietnam

^{______________}

Pursuant to the Law on E-Transactions dated June 22, 2023;

Pursuant to the Government’s Decree No. 48/2022/ND-CP dated July 26, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Legal Department and the Director of the National Electronic Authentication Center;

The Minister of Information and Communications promulgates the Circular regulating the recognition of foreign e-signature authentication service providers in Vietnam; recognition of foreign e-signatures and e-signature certificates in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular regulates the recognition of foreign e-signature authentication service providers in Vietnam; recognition of foreign e-signatures and e-signature certificates in Vietnam.

Article 2. Subject of application

This Circular applies to foreign e-signature authentication service providers that request recognition in Vietnam; foreign organizations and individuals, Vietnamese organizations and individuals who need to conduct e-transactions with foreign organizations and individuals where the e-signatures and e-signature certificates of domestic service providers having not been recognized in that foreign country; organizations and individuals involved in the recognition of foreign e-signature authentication service providers in Vietnam; recognition of foreign e-signatures and e-signature certificates in Vietnam.

Chapter II

RECOGNITION OF FOREIGN E-SIGNATURE AUTHENTICATION SERVICE PROVIDERS IN VIETNAM ; RECOGNITION OF FOREIGN E-SIGNATURES AND FOREIGN E-SIGNATURE CERTIFICATES IN VIETNAM

Article 3. Dossier for recognition of foreign e-signature authentication service providers in Vietnam

The dossier for recognition of foreign e-signature authentication service providers in Vietnam shall include documents explaining and proving that all conditions prescribed in Clause 1, Article 26 of the Law on E-Transactions are met. Specifically as follows:

1. A written request for recognition of foreign e-signature authentication service providers using the form in Form No. 01 issued with this Circular.

2. Consular legalized document and a notarized translation of the license or certificate proving the lawful establishment and operation in the country of registration; A written commitment to having been in operation within 06 months prior to the date of dossier submission.

3. A notarized translation of the Technical Audit Report of the system providing foreign e-signature authentication services from an audit organization legally operating in the country of registration within 06 months prior to the date of dossier submission.

4. Documents proving compliance with Point b, Clause 1, Article 26 of the Law on E-Transactions, including:

Technical documents proving that the foreign e-signature and foreign e-signature certificate provided by such foreign e-signature authentication service provider comply with the standards and technical regulations on e-signatures and e-signature certificates as prescribed by Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a member.

5. Documents proving compliance with Point c, Clause 1, Article 26 of the Law on E-Transactions, including:

a) At least 01 foreign e-signature certificate of a subscriber accompanied by the subscriber registration documents.

b) Documents proving that there are regulations on subscriber records, regulations on the process of verifying and authenticating the subscriber identity information.

6. A foreign e-signature certificate must be legally valid and has its status updated by the foreign e-signature authentication service providers that request recognition into the Trusted Service Authentication System of the National Electronic Authentication Center. The updating of the status of the foreign e-signature certificate shall comply with the technical instructions of the National Electronic Authentication Center.

The information fields on the foreign e-signature certificate must include the minimum information as prescribed by Vietnamese law to serve the purpose of checking the status of the foreign e-signature certificate on the Trusted Service Authentication System.

7. A certified true copy of the Certificate of Business Registration of the representative office in Vietnam.

Article 4. Procedures for recognition of foreign e-signature authentication service providers in Vietnam

1. Foreign e-signature authentication service providers that apply for recognition of foreign e-signature authentication service providers in Vietnam may submit their dossier either in person, by post, or online, as follows:

a) In person or by post to the Ministry of Information and Communications (National Electronic Authentication Center) at 18 Nguyen Du Street, Hai Ba Trung District, Hanoi.

b) Online via the national public service portal (https://dichvucong.gov.vn) or the Ministry of Information and Communications' public service portal (https://dichvucong.mic.gov.vn).

c) Documents issued, recognized, or certified by competent authorities of foreign countries must undergo consular legalization as prescribed by Vietnamese law (except for cases exempted from consular legalization under the law on consular legalization) and accompanied by a notarized Vietnamese translation.

2. Within 45 days from the date of receipt of a valid dossier, the Ministry of Information and Communications (National Electronic Authentication Center), in coordination with the Ministry of Public Security, shall review and assess the dossier and inspect the status of the e-signature certificates of the applying foreign e-signature authentication service providers that request recognition in Vietnam.

3. If the applicant satisfies all requirements:

a) The Ministry of Information and Communications shall issue a Recognition Certificate for the foreign e-signature authentication service providers in Vietnam. The form of the Recognition Certificate shall be provided in Form No. 02 issued with this Circular.

b) The National Electronic Authentication Center shall recognize the e-signature certificates of the recognized foreign e-signature authentication service providers and publish such certificates on the Trusted Service Authentication System.

4. If the applicant fails to satisfy the requirements, the Ministry of Information and Communications shall issue a notice clearly stating the reasons for refusal.

5. If the organization applies for recognition online, through online public services, the receipt, processing of dossiers, and result delivery shall comply with the Government's regulations on online administrative procedures, online public services, and the law on e-transactions.

Article 5. Duration of recognition for foreign e-signature authentication service providers in Vietnam

1. The duration of recognition for foreign e-signature authentication service providers in Vietnam shall be the same as the validity period of their service provision license in their country of origin and shall not exceed the validity period of their e-signature certificates.

2. In case of changes in information leading to changes in the e-signature certificates of a recognized foreign e-signature authentication service providers in Vietnam, the organizations shall report such changes and request the re-recognition of the new e-signature certificates following the dossier and procedures specified in Articles 3 and 4 of this Circular.

Article 6. Dossiers for recognition of foreign e-signatures and foreign e-signature certificates in Vietnam

The dossier for recognition of a foreign e-signature and foreign e-signature certificate in Vietnam must include documents and explanations proving that all conditions prescribed in Clause 2, Article 26 of the Law on E-Transactions are met. Specifically as follows:

1. A written request using the form in Form No. 03 issued with this Circular.

2. Technical documents proving that the foreign e-signature and foreign e-signature certificate comply with the standards and technical regulations on e-signatures and e-signature certificates as prescribed by Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a member.

3. The foreign e-signature certificate submitted for recognition in Vietnam must contain the minimum information fields required by Vietnamese law to enable verification of the certificate's status on the Trusted Service Authentication System.

4. The following documents to prove that the foreign e-signature certificate is based on the verified identity information of the foreign organization or individual:

a) For Vietnamese organizations: Decision on establishment or decision defining functions, tasks, powers, and organizational structure, or business registration certificate, or investment registration certificate, and the citizen identity card, or identity card, or identity certificate, or passport of the organization's legal representative; or the organization's electronic identification account.

b) For Vietnamese individuals: Citizen identity card, or electronic identity card, or identity certificate, or passport, or Level 2 electronic identification account.

c) For foreign organizations: Document issued by a competent Vietnamese authority permitting lawful operation in Vietnam.

d) For foreign individuals: Passport with a valid visa or document issued by a competent Vietnamese authority confirming legal residence in Vietnam.

dd) In case of authorized use of a foreign e-signature and foreign e-signature certificate, the authorized organization or individual must have a written authorization permitting the lawful use of the e-signature, and the subscriber information in the foreign e-signature certificate must match the information in the authorization document.

5. A notarized translation of the license or certificate proving that the foreign e-signature authentication service providers that request recognition in Vietnam is legally established and operating in its country of registration.

6. Individuals and organizations may choose to submit a copy of the original document, a certified copy, or a copy accompanied by the original for comparison, or provide authenticated electronic data.

Article 7. Procedures for recognition of foreign e-signatures and foreign e-signature certificates in Vietnam

1. Organizations and individuals applying for recognition of a foreign e-signature and foreign e-signature certificate in Vietnam may submit their dossier either in person, by post, or online, as follows:

a) In person or by post to the Ministry of Information and Communications (National Electronic Authentication Center) at 18 Nguyen Du Street, Hai Ba Trung District, Hanoi.

b) Online via the national public service portal (https://dichvucong.gov.vn) or the Ministry of Information and Communications' public service portal (https://dichvucong.mic.gov.vn).

c) Documents issued, recognized, or certified by competent authorities of foreign countries must undergo consular legalization as prescribed by Vietnamese law (except for cases exempted from consular legalization under the law on consular legalization) and be accompanied by a notarized Vietnamese translation.

2. Within 30 days from the date of receipt of a valid dossier, the Ministry of Information and Communications (National Electronic Authentication Center), in coordination with the Ministry of Public Security, shall review and assess the dossier and inspect the foreign e-signature certificate submitted for recognition. If further verification of information in the documents is required, the result delivery duration shall not exceed 65 days from the date of receipt of a valid dossier.

3. If the dossier meets all requirements:

a) The Ministry of Information and Communications shall issue a Recognition Certificate using the form in Form No. 04 issued with this Circular.

b) The National Electronic Authentication Center shall add the recognized foreign e-signature certificate to the list of trusted certificates and publish it on the Trusted Service Authentication System.

4. If the dossier does not meet the requirements, the Ministry of Information and Communications shall issue a notice clearly stating the reasons for refusal.

5. If the individual or organization chooses to apply for recognition online, through online public services, the receipt, processing of dossiers, and result delivery shall comply with the Government's regulations on online administrative procedures, provision of online public services by state agencies, and the law on e-transactions.

Article 8. Duration of recognition for foreign e-signatures and foreign e-signature certificates in Vietnam

1. The duration of recognition for a foreign e-signature and foreign e-signature certificate in Vietnam shall be 05 (five) years, but shall not exceed the duration of the e-signature certificate.

2. In case of changes in information leading to changes in a recognized foreign e-signature or foreign e-signature certificate, the organization or individual shall report such changes and request the re-recognition of the new foreign e-signature or foreign e-signature certificate following the dossier and procedures specified in Articles 6 and 7 of this Circular.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 9. Organization of implementation

1. The foreign e-signature authentication service providers recognized in Vietnam shall, periodically after each year of operation, submit a Technical Audit Report and a Service Provision Report in Vietnam for the reporting period to the Ministry of Information and Communications. The deadline for submitting the reports shall be within the first 30 days of the following year of operation. The results of the Technical Audit Report and the Service Provision Report shall serve as the basis for the Ministry of Information and Communications to consider:

a) Continued recognition if the results of the annual Technical Audit Report meet the standards and technical regulations on e-signatures and e-signature certificates as prescribed by current Vietnamese law, or recognized international standards, or international treaties to which the Socialist Republic of Vietnam is a member.

b) Discontinuation of recognition by decision of the Ministry of Information and Communications if the results of the annual Technical Audit Report do not meet the standards and technical regulations on e-signatures and e-signature certificates as prescribed by current Vietnamese law, or recognized international standards, or international treaties to which the Socialist Republic of Vietnam is a member.

2. Foreign e-signature authentication service providers recognized in Vietnam shall have the following responsibilities:

a) To provide services to the correct subjects and within the scope, and to comply with regulations on issuance, revocation, and suspension of e-signature certificates for subscribers, similar to the operation of public e-signature certification services in Vietnam.

b) To provide the National Electronic Authentication Center with information on the number of e-signature certificates issued in Vietnam that are valid, suspended, or revoked; subscriber information and proof of subscriber information in the organization's centralized database that has been verified, authenticated, entered, stored, and managed in accordance with legal regulations to serve the state management of e-signature certification services.

3. Organizations and individuals using foreign e-signatures and foreign e-signature certificates recognized in Vietnam shall have the following responsibilities:

a) To use them within the scope and purpose specified in Clause 3, Article 26 of the Law on E-Transactions.

b) To have the same rights and responsibilities as subscribers using public e-signature services in Vietnam when using foreign e-signatures and foreign e-signature certificates recognized in Vietnam.

Article 10. Transitional provisions

Foreign e-signature authentication service providers and foreign electronic certificates recognized in Vietnam under the Government's Decree No. 130/2018/ND-CP dated September 27, 2018 detailing the implementation of the Law on E-Transactions on e-signatures and e-signature certification services may continue to operate and be used until the expiry of their recognition period.

Article 11. Effect

This Circular takes effect from August 15, 2024, except for the case specified in Article 10 of this Circular./.

* All Appendices are not translated herein.