Decree No. 170/2013/ND-CP amending and supplementing certain articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services, and Decree No. 106/2011/NĐ-CP dated November 23, 2011 of the Government amending and supplementing certain articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007.

DECREE

Amending and supplementing certain Articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and services for verifying digital signatures, and Decree No. 106/2011/NĐ-CP dated November 23, 2011 of the Government amending and supplementing certain Articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007

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Pursuant to the Law on the Organization of the Government dated December 25, 2001;

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

At the proposal of the Minister of Information and Communications,

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and services for verifying digital signatures, and Decree No. 106/2011/NĐ-CP dated November 23, 2011 of the Government amending and supplementing certain Articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007.

Article 1. Amending and supplementing certain Articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and services for verifying digital signatures

1. Supplementing Clauses 18, 19, 20, and 21 following Clause 17, Article 3, as follows:

"18. A foreign digital certificate and digital signature recognized as a digital certificate and digital signature issued by a foreign service provider of digital signature verification recognized and licensed by the Ministry of Information and Communications.

19. A foreign digital certificate accepted in Vietnam is a digital certificate not recognized in Vietnam but permitted for use by the Ministry of Information and Communications.

20. A foreign digital signature accepted in Vietnam is a digital signature created using a key pair corresponding to a foreign digital certificate accepted in Vietnam.

21. A foreign digital certificate accepted in international transactions is a foreign digital certificate of a non-resident foreign subscriber that is valid for data messages sent to Vietnamese agencies and organizations."

2. Supplementing Points g, h, i, and k following Point e, Clause 1, Article 6, as follows:

"g) Managing foreign digital certificates and digital signatures accepted in Vietnam;

h) Issuing regulations on cross-certification between service providers of digital signature verification;

i) Monitoring and managing information on activities using foreign digital certificates accepted in Vietnam;

k) Monitoring and managing information on activities accepting foreign digital certificates in international transactions."

3. Amending Clause 3 and supplementing Clause 4 following Clause 3, Article 8, as follows:

"3. Digital signatures and digital certificates of foreign service providers of digital signature verification recognized under this Decree have the same legal validity and effect as those issued by public service providers of digital signature verification in Vietnam.

4. Digital signatures and digital certificates of foreign service providers of digital signature verification accepted in Vietnam under this Decree have the same legal validity and effect as those issued by public service providers of digital signature verification in Vietnam, but with limitations on their scope of use as stipulated in Clause 4, Article 52a of this Decree."

4. Replacing Article 52 as follows:

"Article 52. Recognition of foreign organizations providing digital signature certification services

1. Foreign organizations providing digital signature certification services that are granted recognition certificates by the Ministry of Information and Communications shall have their digital signatures and digital certificates recognized.

2. A foreign organization providing digital signature certification services shall be granted a recognition certificate if it meets the following conditions:

a) The country where the organization registers to operate has signed or joined an international treaty that includes provisions on recognizing foreign digital signatures and digital certificates, which Vietnam has also participated in;

b) Legally established and operating in the country where the foreign organization providing digital signature certification services registers to operate;

c) Complies with the mandatory standard list for digital signatures and digital signature certification services issued by the Ministry of Information and Communications, or international standards for digital signatures determined by the Ministry of Information and Communications during the review process to have equivalent information security;

d) Has a representative office in Vietnam."

5. Supplement Articles 52a and 52b after Article 52 as follows:

"Article 52a. Acceptance of foreign digital certificates in Vietnam

1. Foreign digital certificates are accepted in Vietnam when the subscriber is granted a permit to use such digital certificates by the Ministry of Information and Communications.

2. The validity period of the permit to use foreign digital certificates accepted in Vietnam shall not exceed five years.

3. The subjects eligible to apply for permits to use foreign digital certificates accepted in Vietnam include:

a) Wholly foreign-owned enterprises as prescribed by law;

b) Foreign organizations and foreign representative offices legally operating in Vietnam.

4. Scope of use of foreign digital certificates accepted in Vietnam:

a) Transactions within the scope of business operations of the subjects specified in Clause 3 of this Article;

b) Special electronic transactions as prescribed by the Ministry of Information and Communications.

Article 52b. Conditions for using foreign digital certificates accepted

1. Subscribers using foreign digital certificates accepted in Vietnam:

a) Belong to the subjects specified in Clause 3 of Article 52a of this Decree and have subscriber information verified through one of the following documents:

- Business registration certificate or investment certificate;

- Document from the competent authority allowing foreign organizations and foreign representative offices to legally operate in Vietnam;

- In case of authorization, there must be a lawful authorization to use digital certificates, and the subscriber information on the digital certificate must match the information in the authorization document.

b) For server digital certificates, the owner must meet the conditions specified in Point a of Clause 1 of this Article, and domain name information, server information, and public network address assigned to the server must match the information on the digital certificate.

2. Foreign organizations providing digital signature certification services with digital certificates accepted in Vietnam:

a) Points b and c of Clause 2 of Article 52;

b) Certified by an auditing firm to comply with reputable international standards for digital signature certification services.

3. Foreign organizations providing digital signature certification services with digital certificates accepted in international transactions must meet the conditions specified in Point b of Clause 2 of Article 52 and Point b of Clause 2 of this Article.

Agencies, organizations, and enterprises selecting and responsible for accepting foreign digital certificates in international transactions must send these certificates to the Ministry of Information and Communications for management."

6. Supplement Article 53a following Article 53 as follows:

"Article 53a. Application Documents for Permits to Use Foreign Digital Certificates Accepted in Vietnam

The application documents for permits to use foreign digital certificates accepted in Vietnam shall be prepared in six sets (two original sets and four copies), each set consisting of:

1. An application form for a permit to use foreign digital certificates accepted in Vietnam submitted by the subscriber.

2. Explanatory and supporting documents proving compliance with the conditions stipulated in Clauses 1 and 2 of Article 52b of this Decree.

3. A plan for using foreign digital certificates, including electronic transactions and transaction parties using foreign digital certificates proposed to be accepted in Vietnam.

4. A certified copy of the contract and service provision terms between the subscriber and the issuing organization of the foreign digital certificate proposed to be accepted in Vietnam.

5. A commitment by the subscriber to be responsible for the reliability of the foreign digital certificate proposed to be accepted in Vietnam.

6. A commitment to comply with Vietnamese laws on digital signatures and digital signature certification services."

7. Article 54 is amended as follows:

"Article 54. Review of Application Documents and Issuance of Recognition Certificates for Foreign Organizations Providing Digital Signature Certification Services

Within sixty working days from the date of receipt of complete and valid application documents, the Ministry of Information and Communications shall be responsible for reviewing and deciding to issue recognition certificates for foreign organizations providing digital signature certification services. If the application documents do not meet the required conditions and are rejected, the Ministry of Information and Communications shall notify in writing and specify the reasons."

8. Supplement Articles 54a, 54b, and 54c after Article 54 as follows:

"Article 54a. Review of Application Documents and Issuance of Permits to Use Foreign Digital Certificates Accepted in Vietnam

Within sixty working days from the date of receipt of complete and valid application documents, the Ministry of Information and Communications shall be responsible for reviewing and deciding to issue permits to use foreign digital certificates accepted in Vietnam. If the application documents do not meet the required conditions and are rejected, the Ministry of Information and Communications shall notify in writing and specify the reasons."

Article 54b. Issuing, Reissuing, and Amending the Content of Permits for Foreign Digital Certificates Accepted in Vietnam

1. Cases for Issuing, Reissuing, and Amending the Content of Permits

a) The issuance of new permits shall be carried out in the following cases: The permit has expired and the subscriber wishes to continue using foreign digital certificates; or the subscriber wishes to use digital certificates from another foreign service provider.

b) The reissuing of permits shall be carried out in the following cases: The permit is lost, torn, burned, or destroyed in other ways.

c) The amendment of the content of permits shall be carried out in the following cases: The subscriber requests to change the content of the permit; or the subscriber wishes to use a different digital certificate from the same foreign service provider; or the subscriber's digital certificate has become invalid.

2. Documents for Requesting New Issuance, Reissuance, and Amendment of Permit Content

a) In the case of issuing a new permit, the documents for requesting a new permit are stipulated in Article 53a of this Decree.

b) In the case of reissuing a permit, the documents for requesting a reissued permit shall be prepared in six sets (two original sets and four copies), each original set including: A request letter stating the reasons for requesting a reissued permit; a valid copy of the business registration certificate or investment certificate for foreign enterprises; or a document from a competent Vietnamese authority allowing operation in Vietnam for foreign organizations or diplomatic missions; a report on the use of foreign digital certificates accepted in Vietnam; and the foreign digital certificate currently being used.

c) In the case of amending the content of a permit, the documents for requesting an amended permit shall be prepared in six sets (two original sets and four copies), each original set including: A request letter stating the reasons and detailed request for amending the permit content; a valid copy of the current permit; a report on the use of foreign digital certificates accepted in Vietnam; necessary documents for explaining the request for amendment; the foreign digital certificate currently being used and a new foreign digital certificate if the subscriber wishes to use a different digital certificate from the same service provider.

3. Reviewing Documents for Requesting New Issuance, Reissuance, and Amendment of Permit Content

a) In the case of issuing a new permit, the review process and issuance of the permit are regulated in Article 54a.

b) In the case of reissuing or amending the content of a permit, within thirty working days from the date of receiving complete and valid documents, the Ministry of Information and Communications shall be responsible for reviewing and deciding to issue a copy of the permit with a certified true copy in the case of reissuing a permit; or a new permit in the case of amending the permit content. If the documents do not meet the conditions and are rejected, the Ministry of Information and Communications shall notify in writing and specify the reasons.

Article 54c. Responsibilities for Using Foreign Digital Certificates Accepted in Vietnam

Subscribers who are granted permits to use foreign digital certificates accepted in Vietnam have the following responsibilities:

1. To use the digital certificate within the scope specified in the permit for using foreign digital certificates accepted in Vietnam.

2. To report incidents or provide information about the use of foreign digital certificates accepted in Vietnam upon request from the Ministry of Information and Communications.

3. To comply with inspections, audits, and penalties imposed by competent authorities.

4. To provide necessary information to judicial or security agencies to serve national security and criminal investigations according to legal procedures.

5. To fulfill written requirements of competent authorities in emergency situations as prescribed by laws on emergency situations or to ensure national security.

9. Supplement Clause 5 and Clause 6 after Clause 4 of Article 57 as follows:

"5. National service providers of digital signature certification shall publish and update on their websites lists of foreign service providers of digital signature certification recognized, foreign service providers whose digital certificates have been accepted in Vietnam, and foreign service providers whose digital certificates have been accepted in international transactions.

6. National service providers of digital signature certification shall maintain technical systems to manage lists of foreign digital certificates accepted in Vietnam and in international transactions, information about subscribers granted permits to use foreign digital certificates accepted in Vietnam, and other necessary information to serve state management and the use of foreign digital certificates accepted."

10. Replace Article 58 as follows:

"1. Disputes between parties regarding the provision and use of public digital signature certification services shall be resolved based on contracts between the parties and relevant laws.

2. Disputes between parties regarding the use of recognized foreign digital certificates shall be resolved based on international treaties containing provisions on digital signatures and foreign digital certificates that Vietnam has joined, contracts between the parties, certificates recognizing foreign digital signature service providers, and relevant laws.

3. Disputes between parties regarding the use of foreign digital certificates accepted in Vietnam shall be resolved based on international treaties containing provisions on digital signatures and foreign digital certificates that Vietnam has joined, contracts between the parties, permits for using foreign digital certificates accepted in Vietnam, commitments of subscribers responsible for the reliability of proposed foreign digital certificates accepted in Vietnam, and relevant laws."

Article 2. Amend and supplement some articles of Decree No. 106/2011/NĐ-CP dated November 23, 2011 of the Government amending and supplementing some articles of Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services.

1. Clause 2 of Article 1 is amended and supplemented as follows:

"Take the lead and coordinate with relevant ministries and agencies in managing organizations providing digital signature certification services including: issuing licenses for public digital signature certification services, certifying registration activities of organizations providing specialized digital signature certification services, certifying compliance with security conditions for specialized digital signatures, recognizing foreign organizations providing digital signature certification services, issuing permits for foreign certificates accepted in Vietnam; inspecting, supervising, and handling violations, and other necessary activities."

2. Clause 17 of Article 1 shall be amended and supplemented as follows:

"Article 53. Documents for issuing a certificate recognizing foreign organizations providing digital signature certification services

The application package for issuing a certificate recognizing foreign organizations providing digital signature certification services consists of six sets (two original sets and four copies), each set comprising:

1. Application for issuing a certificate recognizing foreign organizations providing digital signature certification services.

2. Documents proving compliance with the conditions stipulated in Clause 2 of Article 52 of this Decree."

Article 3. Implementation Provisions

This Decree shall take effect from January 1, 2014.

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.