Circular No. 06/2024/TT-BTTTT stipulates the recognition of foreign organizations providing electronic signature services; the recognition of foreign electronic signatures and electronic signature certificates in Vietnam.

 

CIRCULAR

Regulations on recognition organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.of organizations providing electronic signature certification services
from foreign countries in Vietnam; recognition of electronic signatures,
electronic signature certificates from foreign countries in Vietnam

 __________

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

Decree No. April 19, 2022 of the Government dated July 26, 2022, of the Government stipulating 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 Certification Center;

The Minister of Information and Communications issues this Circular regulating the recognition of organizations providing electronic signature certification services from foreign countries in Vietnam; recognition of electronic signatures, electronic signature certificates from foreign countries in Vietnam.organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.This Circular regulates the recognition of organizations providing electronic signature certification services from foreign countries in Vietnam; recognition of electronic signatures, electronic signature certificates from foreign countries in Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to organizations providing electronic signature certification services from foreign countries that request recognition in Vietnam; foreign organizations and individuals, Vietnamese organizations and individuals who have a need for electronic transactions with foreign organizations and individuals where the electronic signatures and electronic signature certificates provided by domestic service providers have not been recognized in those countries; organizations and individuals related to the recognition of foreign organizations providing electronic signature certification services in Vietnam; recognition of foreign electronic signatures, foreign electronic signature certificates in Vietnam.

Article 2. Applicability

RECOGNITION OF FOREIGN ORGANIZATIONS PROVIDING ELECTRONIC SIGNATURE CERTIFICATION SERVICES IN VIETNAM;

Chapter II

RECOGNITION OF FOREIGN ELECTRONIC SIGNATURES, FOREIGN ELECTRONIC SIGNATURE CERTIFICATES Article 3. Documents for Recognition of Organizations Providing Electronic Signature Certification Services from Foreign Countries in Vietnam.FOREIGN ENTITIES IN VIETNAM

The documents for recognition of organizations providing electronic signature certification services from foreign countries in Vietnam include explanatory and evidentiary materials proving compliance with the conditions stipulated in Clause 1, Article 26 of the Law on Electronic Transactions. Specifically as follows:

1. A request document for recognition of an organization providing electronic signature certification services from a foreign country according to Model No. 01 attached to this Circular.

2. Legalized consular documents and certified translated copies of licenses or certificates proving establishment and lawful operation in the country of registration; A commitment letter stating ongoing operations within six months prior to the date of submission of the application.

3. Certified translated copies of the Technical Audit Report of the electronic signature certification service provision system from a legally operating auditing organization in the country of registration within six months prior to the date of submission of the application.

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

Technical documents proving that the foreign electronic signatures and foreign electronic signature certificates provided by the organization providing electronic signature certification services from a foreign country comply with the technical standards and regulations on electronic signatures and electronic signature certificates as prescribed by Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a party.

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

a) At least one foreign electronic signature certificate of a subscriber accompanied by the subscriber's registration documentation for using the service.

b) A document proving the existence of regulations on subscriber records and procedures for verifying and authenticating subscriber identity information.

6. The foreign electronic signature certificate must be valid and updated by the organization providing electronic signature certification services from a foreign country into the Trusted Service Certification System of the National Organization providing electronic signature certification services. The update of the status of the foreign electronic signature certificate shall be carried out in accordance with the technical guidelines of the National Organization providing electronic signature certification services.

The information fields on the foreign electronic signature certificate must include the minimum information required by Vietnamese law to facilitate the verification of the status of the foreign electronic signature certificate on the Trusted Service Certification System.

7. A certified true copy of the Certificate of Registration for the Representative Office in Vietnam.

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

Article 4. Procedures and formalities for recognizing foreign organizations providing electronic signature certification services in Vietnam.

1. Foreign organizations providing electronic signature certification services submit recognition application files for foreign organizations providing electronic signature certification services in Vietnam through direct submission, postal service, or online according to the following guidelines:

a) Submit directly or via postal service to the Ministry of Information and Communications (National Electronic Signature Certification Service Organization), address: No. 18 Nguyen Du Street - Hai Ba Trung District - Hanoi City.

b) Submit online through the public service portal system (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 be legalized according to Vietnamese law (except where exempted from legalization under Vietnamese law on legalization) and translated into Vietnamese with notarization.

2. Within forty-five days from the date of receiving valid applications, the Ministry of Information and Communications (National Electronic Signature Certification Service Organization) will cooperate with the Ministry of Public Security to review, assess the application files, and check the status of the electronic signature certificates of the foreign organizations requesting recognition in Vietnam.

3. In cases where conditions are met as prescribed:

a) The Ministry of Information and Communications issues a recognition certificate for foreign organizations providing electronic signature certification services in Vietnam. The model of the recognition certificate for foreign organizations providing electronic signature certification services in Vietnam is specified in Model No. 02 attached to this Circular.

b) The National Electronic Signature Certification Service Organization recognizes the electronic signature certificates of the foreign organizations providing electronic signature certification services that have been recognized in Vietnam and publishes those certificates on the Trusted Service Certification System.

4. In cases where conditions are not met, the Ministry of Information and Communications will notify and specify the reasons.

5. For organizations conducting administrative procedures in an electronic environment or through online public services, the acceptance and processing of applications, and the issuance of results shall be carried out in accordance with the Government's regulations on conducting administrative procedures in an electronic environment and providing online public services by state agencies in an electronic environment, and laws on electronic transactions.

Article 5. Duration of Recognition of Foreign Organizations Providing Electronic Signature Certification Services in Vietnam.

1. The duration of recognition of foreign organizations providing electronic signature certification services in Vietnam is the period stipulated in their service provision license in their home country and does not exceed the validity period of their electronic signature certificates.

2. In cases where changes in information lead to changes in the electronic signature certificates of foreign organizations providing electronic signature certification services recognized in Vietnam, such organizations must report the changes and request re-recognition of their electronic signature certificates according to the application files and procedures outlined in Articles 3 and 4 of this Circular.

Article 6. Documents for requesting recognition of foreign electronic signatures and foreign electronic signature certificates in Vietnam

The documents for requesting recognition of foreign electronic signatures and foreign electronic signature certificates in Vietnam include explanatory documents and evidence proving compliance with the conditions stipulated in Clause 2, Article 26 of the Law on Electronic Transactions. Specifically as follows:

1. A request form according to Model No. 03 issued together with this Circular.

2. Technical documents and materials proving that the foreign electronic signature and foreign electronic signature certificate comply with the technical standards and regulations on electronic signatures and electronic signature certificates under Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a party.

3. The foreign electronic signature certificate requested for recognition in Vietnam must contain the minimum information fields prescribed by Vietnamese law to facilitate verification of the status of the electronic signature certificate on the trusted service certification system.

4. The following documents to prove that the foreign electronic signature certificate was established based on verified identification information of foreign organizations or individuals:

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

b) For Vietnamese individuals: Identity card, electronic citizen identification, citizen identification certificate, passport, or using an electronic identification account level 2.

c) For foreign organizations: Document from competent Vietnamese authorities allowing legal operation in Vietnam.

d) For foreign individuals: Passport accompanied by visa or document from Vietnamese competent authority confirming legal residence in Vietnam.

đ) In cases where authorization is granted to use foreign electronic signatures and foreign electronic certificates, the authorized individual or organization must have an authorization document permitting lawful use of the electronic signature and the subscriber information in the foreign electronic signature certificate must match the information in the authorization document.

5. Notarized and certified translation of the license or certificate proving the establishment and lawful operation of the organization providing foreign electronic signature certification services issuing the foreign electronic signature certificate requested for recognition in Vietnam.

6. Individuals and organizations may choose to submit certified copies from original books, notarized copies, or copies submitted alongside original documents for comparison, or provide authenticated electronic data.

Article 7. Procedures and formalities for recognizing foreign electronic signatures and foreign electronic signature certificates in Vietnam

1. Organizations and individuals submit the application documents for recognition of foreign electronic signatures and foreign electronic signature certificates in Vietnam, choosing either direct submission, postal service, or online submission as guided below:

a) Submit directly or via postal service to the Ministry of Information and Communications (National Electronic Signature Certification Service Organization), address: No. 18 Nguyen Du Street - Hai Ba Trung District - Hanoi City.

b) Submit online through the public service portal system (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 be legalized according to Vietnamese law (except where exempted from legalization under Vietnamese law on legalization) and translated into Vietnamese with notarization.

2. Within thirty days from the date of receiving complete and valid documents, the Ministry of Information and Communications (the national electronic certification service provider) will cooperate with the Ministry of Public Security to examine, evaluate the documents, and verify the foreign electronic signature certificates requested for recognition. If additional information verification is required, the result notification period shall not exceed sixty-five days from the date of receipt of valid documents.

3. In cases where conditions are met as prescribed:

a) The Ministry of Information and Communications issues a recognition certificate according to Model No. 04 issued together with this Circular.

b) The national electronic certification service provider updates the recognized foreign electronic signature certificates into the trusted list and publishes them on the Trusted Service Certification System.

4. In case the documents do not meet the stipulated conditions, the Ministry of Information and Communications will notify and specify the reasons.

5. In cases where individuals or organizations opt to handle administrative procedures through electronic environment or online public services, the acceptance, processing of documents, and issuance of results shall be carried out in accordance with the Government’s regulations on handling administrative procedures through electronic environment and providing online public services by state agencies, and the Law on Electronic Transactions.

Article 8. Duration of Recognition of Foreign Electronic Signatures and Foreign Electronic Signature Certificates in Vietnam.

1. The duration of recognition of foreign electronic signatures and foreign electronic signature certificates in Vietnam is five (5) years but shall not exceed the validity period of such electronic signature certificates.

2. In cases where changes in information lead to changes in foreign electronic signatures and foreign electronic signature certificates that have been recognized in Vietnam, organizations and individuals must report the changes and request re-recognition of the foreign electronic signatures and foreign electronic signature certificates according to the procedures set forth in Articles 6 and 7 of this Circular.

Chapter III

IMPLEMENTATION

Article 9. Implementation Organization

1. Organizations providing services for recognized foreign electronic signature certification in Vietnam must submit an annual technical audit report and a service provision report in Vietnam within the first thirty (30) days of each subsequent year's operation to the Ministry of Information and Communications. The results of the technical audit report and the operational status report serve as the basis for the Ministry of Information and Communications to consider:

a) Continuing recognition if the audit report of the year of operation meets the standards and technical regulations on electronic signatures and electronic signature certificates as stipulated by current Vietnamese laws or internationally recognized standards or international treaties to which the Socialist Republic of Vietnam is a party.

b) Terminating recognition pursuant to a decision of the Ministry of Information and Communications if the audit report of the year of operation does not meet the standards and technical regulations on electronic signatures and electronic signature certificates as stipulated by current Vietnamese laws or internationally recognized standards or international treaties to which the Socialist Republic of Vietnam is a party.

2. Organizations providing services for recognized foreign electronic signature certification in Vietnam have the following responsibilities:

a) To provide services to the correct target group and scope and comply with regulations regarding issuance, revocation, and suspension of electronic signature certificates for subscribers similar to the activities of providing public electronic signature certification services in Vietnam.

b) To provide the national electronic authentication service organization with information about the number of electronic signature certificates provided in Vietnam that are currently valid, suspended, or revoked; Subscriber information and verification of subscriber information in the centralized database managed in accordance with applicable laws to support state management of electronic signature authentication services.

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

a) To use within the prescribed scope and purpose as stipulated in Clause 3, Article 26 of the Law on Electronic Transactions.

b) To have rights and responsibilities similar to those of subscribers using public electronic signature certification services when using recognized foreign electronic signatures and foreign electronic signature certificates in Vietnam.

Article 10. Transitional Provisions

Organizations providing foreign electronic signature certification services and foreign electronic certificates recognized in Vietnam under Decree No. 130/2018/ND-CP dated September 27, 2018 of the Government detailing the implementation of the Law on Electronic Transactions concerning electronic signatures and electronic signature certification services may continue their operations and usage until the end of the recognition period.

Article 11. Effective Date

This Circular takes effect from August 15, 2024, except as provided in Article 10 of this Decree./.

 

Form No. 01. Circular No.     /2024/TT-BTTTT dated     month    year    of the Minister of the Ministry of Information and Communications on the recognition organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.of organizations providing foreign electronic signature certification services in Vietnam; recognition of foreign electronic signatures and foreign electronic signature certificates in Vietnam

 

 

 

APPLICATION FOR ISSUANCE OF RECOGNITION CERTIFICATE FOR ORGANIZATIONS PROVIDING FOREIGN ELECTRONIC SIGNATURE CERTIFICATION SERVICES IN VIETNAMOUTSIDE VIETNAM

 

Respectfully submitted to: Ministry of Information and Communications.

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

Based on Decree No…,

Based on Circular No …../2024/TT-BTTT dated ….of the Minister of the Ministry of Information and Communications on the recognition of organizations providing foreign electronic signature certification services in Vietnam; recognition of foreign electronic signatures and foreign electronic signature certificates in Vietnam.

(Name of foreign electronic signature certification service provider organization) requests the Ministry of Information and Communications to recognize in Vietnam with the following contents:

1. Information about the organization

- Trading name: …

License or certificate proving establishment and lawful operation in the country of registration:  …

Address:…

Telephone: …Fax…

Email: …Website:…

Certificate of representative office registration:…

Address:…

Phone: …

Head of the representative office:…

Contact information for the head of the representative office…

2. Documents for application for recognition of organizations providing foreign electronic signature certification services in Vietnam include

3. Commitment

(Name of Organization) commits to be responsible for the accuracy of the information provided above and accompanying documents and commits to comply with Vietnamese laws on the provision of electronic signature certification services and related laws./.

 

 

 

 

Form No. 02. Circular No.     /2024/TT-BTTTT dated     month    year    of the Minister of the Ministry of Information and Communications on the recognition organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.of organizations providing foreign electronic signature certification services in Vietnam; recognition of foreign electronic signatures and foreign electronic signature certificates in Vietnam

 

 

 

RECOGNITION CERTIFICATE OF ORGANIZATIONS PROVIDING FOREIGN ELECTRONIC SIGNATURE CERTIFICATION SERVICES IN VIETNAM

(Valid until …/…/….)

MINISTER OF INFORMATION AND COMMUNICATIONS

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

Based on Decree No……;

Based on Circular No …../2024/TT-BTTT dated ….of the Minister of the Ministry of Information and Communications on the recognition of organizations providing foreign electronic signature certification services in Vietnam; recognition of foreign electronic signatures and foreign electronic signature certificates in Vietnam.

Considering the application for recognition of organizations providing foreign electronic signature certification services in Vietnam of…(foreign electronic signature certification service provider organization);

At the request of …,

NOW ACKNOWLEDGE

Article 1. (The name of the foreign electronic signature certification service provider organization), with its headquarters at …, representative office at …, acknowledged in Vietnam as follows:

1. Trade name: …

2. Scope and target of service provision: …

3. Method of storing subscriber secret keys: …

4. Technical standards and applicable standards

……………………………………………………………………………………

Article 2. In addition to the provisions of Article 1, (Name of the foreign electronic signature certification service provider organization) shall be responsible for complying with the provisions of Vietnamese law on providing electronic signature certification services and related laws.

Article 3. This recognition certificate … takes effect from the date of signing./.

 

 

 

 

Form No. 03. Circular No.     /2024/TT-BTTTT dated      month     year     issued by the Minister of Information and Communications regarding recognition organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.of organizations providing foreign electronic signature certification services in Vietnam; recognition of foreign electronic signatures and foreign electronic signature certificates in Vietnam

 

 

 

 

APPLICATION FOR ISSUANCE OF CERTIFICATION FOR FOREIGN ELECTRONIC SIGNATURES AND ELECTRONIC CERTIFICATES IN VIETNAM

Respectfully submitted to: Ministry of Information and Communications.

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

Pursuant to Decree No.…;

Based on Circular No …../2024/TT-BTTT dated ….of the Minister of the Ministry of Information and Communications on the recognition of organizations providing foreign electronic signature certification services in Vietnam; recognition of foreign electronic signatures and foreign electronic signature certificates in Vietnam.

(Name of organization or individual) requests the Ministry of Information and Communications to issue a permit for using foreign electronic signatures and electronic certificates in Vietnam with the following contents:

1. Information about individuals and organizations

Trade name: …

Decision on establishment/Business license (for organizations) No. … issued by … on … day … month … year …

Identity card/Passport (for individuals) No. … issued by …

… on … day … month … year …

Address: …

Telephone: … Fax (for organizations): …

Email: … Website (for organizations): …

Type of digital certificate: … issued by the organization (name of foreign digital signature certification service provider organization).

Serial number (SN): …

Common name (CN): …

Validity period from … to …

2. Application documents

3. Commitment

(Name of organization/individual) commits to being responsible for the accuracy of the information provided above and accompanying documents, and commits to complying with the provisions of Vietnamese law on the use of electronic signatures and related laws./.

 

 

 

 

Form No. 04. Circular No.    /2024/TT-BTTTT dated      month     year     issued by the Minister of Information and Communications regarding recognition organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.of organizations providing foreign electronic signature certification services in Vietnam; recognition of foreign electronic signatures and foreign electronic signature certificates in Vietnam

 

 

 

CERTIFICATE OF RECOGNITION OF FOREIGN ELECTRONIC SIGNATURES,
FOREIGN ELECTRONIC CERTIFICATES IN VIETNAM

(Valid until …/…/….)

MINISTER OF INFORMATION AND COMMUNICATIONS

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

Based on Decree No……;

Based on Circular No …../2024/TT-BTTT dated ….of the Minister of the Ministry of Information and Communications on the recognition of organizations providing foreign electronic signature certification services in Vietnam; recognition of foreign electronic signatures and foreign electronic signature certificates in Vietnam.

Upon examination of the application for recognition of foreign electronic signatures and electronic certificates in Vietnam submitted by … (name of organization or individual);

At the request of …,

NOW ACKNOWLEDGE

Article 1. (Name of organization or individual) located at …, with Establishment Decision/Business License/Identity Card/Passport: … issued by … on … day … month … year …, is permitted to use foreign electronic signatures and electronic certificates in Vietnam with the specific contents as follows:

1. Information on foreign digital certificates

Type of digital certificate: … issued by the organization (name of foreign digital signature certification service provider organization).

Serial number: …

Validity period: …

2. Scope of use

……………………………………………………………………………………

……………………………………………………………………………………

3. Other information (if any):

……………………………………………………………………………………

……………………………………………………………………………………

Article 2.In addition to the provisions of Article 1, (Name of organization or individual) shall be responsible for complying with Vietnamese law, fully performing the rights and obligations of organizations/individuals using foreign electronic signatures and electronic certificates in Vietnam as stipulated inLaw on Electronic Transactions, Decree No. .../.../NĐ-CP dated ... month ... year ... of the Government regulating ... and other relevant legal documents issued by state management agencies./.

Article 3. The Recognition Certificate... shall take effect from the date of signing./.