Decree No. 48/2024/ND-CP amends and supplements some articles of Decree No. 130/2018/ND-CP dated September 27, 2018, of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services.

DECREE

Amending and supplementing some articles of Decree No. 130/2018/NĐ-CP

dated September 27, 2018 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services

The Government promulgates this Decree amending and supplementing some articles of Decree No. 130/2018/NĐ-CP dated September 27, 2018 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

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

At the proposal of the Minister of Information and Communications;

Article 1. Amending and supplementing some articles of Decree No. 130/2018/NĐ-CP dated September 27, 2018 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services

1. Amending and supplementing Article 23 as follows:

"Article 23. Documents for issuing digital certificates to subscribers

1. A request for issuance of a digital certificate in paper form or electronically according to the model provided by the organization providing public digital signature certification services.

2. Supporting documents include:

a) For individuals: Citizen identification card or identity card or citizen registration certificate or passport or level 2 electronic identity account.

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

3. Individuals and organizations have the right to choose to submit certified copies from original books, certified copies, or submit copies with the originals for verification, or provide electronic data for the organization providing public digital signature certification services to use and exploit in accordance with Clause 4 of this Article.

4. In cases where individuals or the legal representatives of organizations provide information from citizen identification cards or identity cards or citizen registration certificates or information from level 2 electronic identity accounts of individuals or information from organizational electronic identity accounts, the organization providing public digital signature certification services (which has a document approving permission to connect to the electronic identification and authentication system in accordance with laws on electronic identification and authentication or has sufficient means to read data in the chip or level 2 electronic identity account data) may exploit data in the chip, level 2 electronic identity account data of individuals, organizational electronic identity accounts without requiring individuals or the legal representatives of organizations to submit documents and supporting materials as stipulated in Clause 3 of this Article.

5. The organization providing public digital signature certification services shall be responsible for providing facilities or applications to implement electronic receipt methods."

2. Amending and supplementing Point b Clause 1 Article 46 as follows:

"b) Having one of the following documents or level 2 electronic identity account to verify information on the digital certificate:

- Business registration certificate, investment certificate, establishment decision, decision on functions, tasks, powers for organizations; identity card, citizen identification card, passport for individuals;

- Level 2 electronic identity account for individuals; organizational electronic identity account for organizations;

- Written authorization from competent authorities allowing foreign organizations and individuals to operate legally in Vietnam for subscribers who are foreign organizations and individuals;

- In cases of authorized use of digital certificates, there must be a lawful authorization for the use of digital certificates and the subscriber information issued in the digital certificate must match the information in the authorization document."

1. For subscription certificate documents that have been submitted to the organization providing public digital signature certification services but have not yet been issued a digital certificate by the date this Decree takes effect, they shall continue to be processed in accordance with the provisions of Decree No. 130/2018/NĐ-CP dated September 27, 2018 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services, except where the parties choose to apply the provisions of this Decree.

Article 2. Implementation clause

1. This Decree takes effect from the date of issuance.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of People's Committees at all levels, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree.

Article 3. Transitional Provisions

2. For foreign digital certificate usage permit application documents that have been submitted to competent state agencies but have not yet been issued a foreign digital certificate usage permit by the date this Decree takes effect, they shall continue to be processed in accordance with the provisions of Decree No. 130/2018/NĐ-CP dated September 27, 2018 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services./.

- To be filed: VT, KSTT (2).