Decree 48/2024/ND-CP amend Decree 130/2018/ND-CP detailing Law on E-Transactions regarding digital signatures and digital signature authentication services

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 130/2018/ND-CP of September 27, 2018, detailing the Law on E-Transactions regarding digital signatures and digital signature authentication services^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

Pursuant to the June 29, 2006 Law on Information Technology;

At the proposal of the Minister of Information and Communications;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 130/2018/ND-CP of September 27, 2018, detailing the Law on E-Transactions regarding digital signatures and digital signature authentication services.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 130/2018/ND-CP of September 27, 2018, detailing the Law on E-Transactions regarding digital signatures and digital signature authentication services

1. To amend and supplement Article 23 as follows:

“Article 23. Dossier for issuance of a digital certificate to a subscriber

1. A paper application or an electronic application for a digital certificate, made according to the form provided by a public digital signature authentication authority.

2. Other papers, including:

a/ For an individual: citizen’s identity card, identity card, identity certificate, passport or level-2 electronic identification account.

b/ For an organization: establishment decision, decision defining the functions, tasks, powers and organizational structure, enterprise registration certificate or investment certificate, and citizen’s identity card, identity card, identity certificate or passport of the at-law representative of the organization; or electronic identification account of the organization.

3. Individuals and organizations may submit duplicates, certified copies, or copies together with their originals for collation, or provide electronic data to a public digital signature authentication authority for use and exploitation under Clause 4 of this Article.

4. In case an individual or the at-law representative of an organization provides or uses information in his/her citizen’s identity card, identity card or identity certificate, or information in the individual’s level-2 electronic identification account or information in the organization’s electronic identification account, the public digital signature authentication authority (that has obtained a written approval for connection with the electronic identification and authentication system in accordance with regulations on electronic identification and authentication, or has sufficient devices for reading data in electronic chips or data of level-2 electronic identification accounts) shall exploit the data in electronic chips or data of the individual’s level-2 electronic identification account or the organization’s electronic identification account without requesting the individual or the at-law representative of the organization to submit the papers specified in Clause 3 of this Article.

5. Public digital signature authentication authorities shall provide utilities or applications for receiving documents in electronic form.”. 

2. To amend and supplement Point b, Clause 1, Article 46 as follows:

“b/ Having one of the following documents or an electronic identification account to verify information on the digital certificate:

- Enterprise registration certificate, investment certificate, establishment decision or decision defining the functions, tasks and powers, for organizations; people’s identity card, citizen’s identity card or passport, for individuals;

- Level-2 electronic identification account, for individuals; organization’s electronic identification account, for organizations;

- Written permission of a competent agency for the foreign organization or individual to lawfully operate in Vietnam, for foreign subscribers;

- In case of authorized use of the digital certificate, it is required to have a letter of authorization permitting lawful use of the digital certificate and ensure that subscriber information is consistent with information stated in the letter of authorization.”.

Article 2. Implementation provisions

1. This Decree takes effect on the date of its signing.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees at all levels, and related agencies, organizations and individuals shall implement this Decree.

Article 3. Transitional provisions

1. For dossiers for issuance of digital certificates to subscribers that have been submitted to public digital signature authentication authorities but such digital certificates have not been issued by the effective date of this Decree, the Government’s Decree No. 130/2018/ND-CP of September 27, 2018, detailing the Law on E-Transactions regarding digital signatures and digital signature authentication services, shall continue to apply, unless the parties choose to apply this Decree.

2. For dossiers of application for permits for use of foreign digital certificates in Vietnam that have been submitted to competent agencies but such permits have not been granted by the effective date of this Decree, the Government’s Decree No. 130/2018/ND-CP of September 27, 2018, detailing the Law on E-Transactions regarding digital signatures and digital signature certification services, shall continue to apply.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG