Circular No. 08/2011/TT-BTTTT amending Circular No. 37/2009/TT-BTTTT on the dossier and procedures related to issuing licenses, registration, and recognition of organizations providing digital signature certification services issued by the Minister of Information and Communications.

CIRCULAR

Amending and supplementing some articles of Circular No. 37/2009/TT-BTTTT dated December 14, 2009 of the Minister of Information and Communications on the files and procedures related to licensing, registration, and recognition of organizations providing digital signature certification services of the Minister of Information and Communications on the files and procedures related to licensing, registration, and recognition of organizations providing digital signature certification services. recognize organizations providing digital signature notarization services

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MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Electronic Transactions Law regarding digital signatures and digital signature certification services;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

At the proposal of the Director of the Department of Information Technology Application,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

Article 1Amend and supplement Clause 4 and Clause 5 of Article 1; Clause 1 and Clause 2 of Article 6; Article 8; Clause 1 of Article 10; Article 11; Article 12; Article 13 of Circular No. 37/2009/TT-BTTTT dated December 14, 2009 of the Minister of Information and Communications on the files and procedures related to licensing, registration, and recognition of organizations providing digital signature certification services.

1. Amend and supplement Clause 4 and Clause 5 of Article 1 as follows:

"4. Registration certificate for the operation of organizations providing specialized digital signature certification services;

5. Issuing a certificate of qualification for ensuring the security of specialized digital signatures."

2. Amend and supplement Clause 1 and Clause 2 of Article 6 as follows:

"Article 6. Application file for issuing a certificate of qualification for ensuring the security of specialized digital signatures of organizations providing specialized digital signature certification services. The application file for issuing a certificate of qualification for ensuring the security of specialized digital signatures shall comply with the provisions of Article 49 of Decree No. 26/2007/NĐ-CP, including:

1. An application form for issuing a certificate of qualification for ensuring the security of specialized digital signatures according to the model set out in Appendix VII of this Circular.

2. A registration certificate for the operation of organizations providing specialized digital signature certification services issued by the Ministry of Information and Communications."

3. Amending and supplementing Article 8 as follows:

"Article 8. Licensing procedure for providing public digital signature certification services

1. Receiving and examining the application file

Organizations applying for a license to provide public digital signature certification services (including new issuance; change of content; reissue; extension of the license) submit the application file through postal service or directly at the Ministry of Information and Communications (Information Technology Application Department), No. 18 Nguyen Du Street, Hai Ba Trung District, Hanoi City.

The department receiving the application file of the Ministry of Information and Communications (Information Technology Application Department) issues a receipt through postal service or directly to the organization applying for the license.

Within five working days from the date of receipt of the application file, the Ministry of Information and Communications checks the validity of the application file.

If valid, the Ministry of Information and Communications accepts the application file and notifies the organization applying for the license in writing, specifying the date for the result of the application file resolution.

If invalid, the Ministry of Information and Communications notifies the organization applying for the license in writing.

2. Examination of the application file

The Ministry of Information and Communications examines the application file and seeks opinions from relevant agencies and units in accordance with regulations. Agencies and units asked must provide examination opinions in writing and bear responsibility for matters in the application file within their management functions.

3. Delivering the result of the application file resolution

Within sixty working days from the date of receipt of the valid application file, the Ministry of Information and Communications is responsible for delivering the result of the application file resolution.

If approved, the Ministry of Information and Communications decides to issue a license; change the content of the license; reissue or extend the license. The license for providing public digital signature certification services is according to the model set out in Appendix IX of Circular No. 37/2009/TT-BTTTT.

If not approved, the Ministry of Information and Communications notifies the organization applying for the license in writing, specifying the reasons."

4. Amend and supplement Clause 1 of Article 10 as follows:

"1. Receiving and examining the application file

Organizations providing public digital signature certification services applying for a digital certificate send five sets of application files (one original and four copies) through postal service or directly to the National Digital Signature Certification Service Organization (National Digital Signature Certification Center) at address No. 6 Chu Van An Street, Ba Dinh District, Hanoi City.

The department receiving the application file of the National Digital Signature Certification Service Organization issues a receipt through postal service or directly to the organization applying for the digital certificate.

Within five working days from the date of receipt of the application file, the National Digital Signature Certification Service Organization checks the validity of the application file.

If valid, the National Digital Signature Certification Service Organization accepts the application file and notifies the organization applying for the digital certificate in writing, specifying the date for the result of the application file resolution. If invalid, the National Digital Signature Certification Service Organization notifies the organization applying for the digital certificate in writing."

5. Amend and supplement Article 11 as follows:

"Article 11. Procedure for registering the operation of organizations providing specialized digital signature certification services

1. Receiving and examining the application file

Organizations providing specialized digital signature certification services submit the registration file through postal service or directly to the headquarters of the Ministry of Information and Communications (Information Technology Application Department), No. 18 Nguyen Du Street, Hai Ba Trung District, Hanoi City.

The department receiving the application file of the Ministry of Information and Communications (Information Technology Application Department) issues a receipt through postal service or directly to the organization registering the operation of specialized digital signature certification services.

Within five working days from the date of receipt of the application file, the Ministry of Information and Communications checks the validity of the application file.

If valid, the Ministry of Information and Communications accepts the application file and notifies the organization registering the operation of specialized digital signature certification services in writing, specifying the date for the result of the application file resolution.

If invalid, the Ministry of Information and Communications notifies the organization registering the operation of specialized digital signature certification services in writing.

2. Delivering the result of the application file resolution

a) The Ministry of Information and Communications examines the registration file for providing specialized digital signature certification services;

b) Within sixty working days from the date of receipt of the valid application file, the Ministry of Information and Communications is responsible for delivering the result of the application file resolution.

In case of approval, the Ministry of Information and Communications shall issue a registration certificate for the operation of organizations providing specialized digital signature certification services. The registration operation certificate for organizations providing specialized digital signature certification services shall be in accordance with the model attached at Appendix X of this Circular.

In case of disapproval, the Ministry of Information and Communications shall notify the registering organization in writing, specifying the reasons.

6. Amending and supplementing Article 12 as follows:

Article 12. Procedures for issuing certificates confirming compliance with security conditions for specialized digital signatures for organizations providing specialized digital signature certification services.

1. Receiving and examining the application file

Organizations providing specialized digital signature certification services that request issuance of certificates confirming compliance with security conditions for specialized digital signatures shall submit their application through postal service or directly to the headquarters of the Ministry of Information and Communications (Information Technology Application Department), No. 18 Nguyen Du Street, Hai Ba Trung District, Hanoi City.

The file reception department of the Ministry of Information and Communications (Information Technology Application Department) shall issue a receipt through postal service or directly to the organization providing specialized digital signature certification services.

Within five working days from the date of receipt of the application file, the Ministry of Information and Communications checks the validity of the application file.

In case of valid applications, the Ministry of Information and Communications shall accept the files and notify the organization providing specialized digital signature certification services in writing, specifying the date for the result of the file processing.

In case of invalid applications, the Ministry of Information and Communications shall notify the organization providing specialized digital signature certification services in writing.

2. Organization reviewing the file

The Ministry of Information and Communications examines the application file and seeks opinions from relevant agencies and units in accordance with regulations. Agencies and units asked must provide examination opinions in writing and bear responsibility for matters in the application file within their management functions.

3. Delivering the result of the application file resolution

Within sixty working days from the date of receipt of the valid application file, the Ministry of Information and Communications is responsible for delivering the result of the application file resolution.

In case of approval, the Ministry of Information and Communications shall decide to issue a certificate confirming compliance with security conditions for specialized digital signatures. The certificate confirming compliance with security conditions for specialized digital signatures shall be in accordance with the model attached at Appendix XI of this Circular.

In case of disapproval, the Ministry of Information and Communications shall notify the organization providing specialized digital signature certification services in writing, specifying the reasons.

7. Amend and supplement Article 13 as follows:

"1. Receiving and examining the application file

Foreign organizations providing digital signature certification services requesting issuance of recognition certificates for foreign digital signatures and certificates shall submit their application through postal service or directly to the headquarters of the Ministry of Information and Communications (Information Technology Application Department), No. 18 Nguyen Du Street, Hai Ba Trung District, Hanoi City.

The file reception department of the Ministry of Information and Communications (Information Technology Application Department) shall issue a receipt through postal service or directly to the foreign organization providing digital signature certification services.

Within five working days from the date of receiving the file, the Ministry of Information and Communications shall organize the verification of the validity of the file. In case of valid files, the Ministry of Information and Communications shall accept the file and notify the foreign organization providing digital signature certification services in writing, specifying the date for the result of the file processing.

In case of invalid files, the Ministry of Information and Communications shall notify the organization requesting issuance of recognition certificates for foreign digital signatures and certificates in writing.

2. Organization reviewing the file

The Ministry of Information and Communications shall review the file and seek opinions from relevant agencies and units. Agencies and units asked must provide written reviews and bear responsibility for issues in the file within their management functions.

3. Delivering the result of the application file resolution

Within sixty working days from the date of receipt of the valid application file, the Ministry of Information and Communications is responsible for delivering the result of the application file resolution.

In case of approval, the Ministry of Information and Communications shall decide to issue recognition certificates for foreign digital signatures and certificates. The recognition certificates for foreign digital signatures and certificates shall be in accordance with the model attached at Appendix XII of Circular No. 37/2009/TT-BTTTT.

In case of disapproval, the Ministry of Information and Communications shall notify the organization requesting issuance of recognition certificates for foreign digital signatures and certificates in writing, specifying the reasons.

Article 2. Replacing Appendices VI, VII, X, and XI of Circular No. 37/2009/TT-BTTTT dated December 14, 2009, issued by the Minister of Information and Communications on regulations related to licensing, registration, and recognition of organizations providing digital signature certification services with Appendices VI, VII, X, and XI respectively, which are promulgated together with this Circular.

Article 3. Effectiveness

1. This Circular shall take effect from May 15, 2011.

2. During implementation, if there are arising issues or difficulties, organizations and individuals shall promptly report them to the Ministry of Information and Communications for consideration and resolution.