Decree No. 58/2016/NĐ-CP detailing the operation of civil cryptographic product business and export/import of civil cryptographic products

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 58/2016/NĐ-CP	Hanoi, July 1, 2016

 

DECREE

DECREE DETAILING THE BUSINESS OF CIVIL CRYPTOGRAPHIC PRODUCTS AND SERVICES AND EXPORTING, IMPORTING CIVIL CRYPTOGRAPHIC PRODUCTS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Information Security dated November 19, 2015;

Pursuant to the Law on Administrative Sanctions dated June 20, 2012;

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree detailing the business of civil cryptographic products and services and exporting, importing civil cryptographic products.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the business of civil cryptographic products and services and exporting, importing civil cryptographic products; it also promulgates the List of civil cryptographic products and services, the List of civil cryptographic products for export and import under permits; inspection, examination, and administrative sanction handling in the field of civil cryptography.

Article 2. Applicability

1. Enterprises engaged in the business of civil cryptographic products and services; exporting, importing civil cryptographic products and other related organizations and individuals.

2. Organizations and individuals who commit administrative violations in the field of civil cryptography; persons authorized to prepare administrative violation records, impose administrative sanctions in the field of civil cryptography and other related organizations and individuals.

Chapter II

BUSINESS OF CIVIL CRYPTOGRAPHIC PRODUCTS AND SERVICES, EXPORTING, IMPORTING CIVIL CRYPTOGRAPHIC PRODUCTS

Article 3. List of civil cryptographic products and services, List of civil cryptographic products for export and import under permits

The List of civil cryptographic products and services is attached at Appendix I and the List of civil cryptographic products for export and import under permits is attached at Appendix II to this Decree.

Article 4. Conditions for issuing Business Permit for civil cryptographic products and services

1. An enterprise shall be issued a Business Permit for civil cryptographic products and services when it meets all conditions stipulated in Clause 2, Article 31 of the Law on Information Security.

2. The condition for issuing a permit stipulated in Point a, Clause 2, Article 31 of the Law on Information Security is specified as follows: The enterprise must have at least two technical staff with a bachelor's degree or higher in one of the fields of electronics-telecommunications, information technology, mathematics, information security; management and operation staff must graduate from one of these fields or another field and hold a certificate in information security training.

3. The condition for issuing a permit stipulated in Point d, Clause 2, Article 31 of the Law on Information Security is specified as follows: The enterprise must have a customer service system and ensure appropriate technical support for the scope, target group, and quantity of products provided.

Article 5. Procedures and formalities for issuing new, amending, supplementing, reissuing, and extending Business Permits for civil cryptographic products and services

1. Issuing new, amending, supplementing, reissuing, and extending Business Permits for civil cryptographic products and services shall be carried out in accordance with Articles 32 and 33 of the Law on Information Security.

2. Enterprises shall submit applications for issuing new, amending, supplementing, reissuing, and extending Business Permits for civil cryptographic products and services directly, through postal services, or online public services to the General Office of the Government via the Civil Cryptography Management and Product Certification Agency, telephone/fax number: 04-3775.6896, email: [email protected], website: http://www.nacis.gov.vn.

3. Model Forms 01, 02, 03 for procedures for issuing new, amending, supplementing, reissuing, and extending Business Permits for civil cryptographic products and services are attached at Appendix III to this Decree.

Article 6. Procedures for Issuing Export and Import Permits for Civil Cryptographic Products

1. The issuance of export and import permits for civil cryptographic products shall be carried out in accordance with the provisions of Article 34 of the Cybersecurity Law.

2. Enterprises shall submit applications for export and import permits for civil cryptographic products directly, through postal services, or via online public services to the Government Cryptographic Affairs Board through the Civil Cryptographic Management and Product Certification Bureau at the address specified in Clause 2, Article 5 of this Decree.

3. Forms Nos. 04 and 05 for the procedures to issue export and import permits for civil cryptographic products are attached as Appendix III to this Decree.

Chapter III

INSPECTION, AUDIT, AND HANDLING OF VIOLATIONS

Article 7. Inspection and Audit

1. The Government Cryptographic Affairs Board shall take the lead and coordinate with relevant ministries, sectors, and localities to inspect and audit the business activities of civil cryptographic products and services and their usage.

2. Organizations and individuals engaged in the business of civil cryptographic products and services and their usage shall be subject to inspection and audit by competent state agencies in accordance with the laws on inspection.

Article 8. Handling Violations of Provisions on Business Activities of Civil Cryptographic Products and Services and Their Usage

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Buying, selling, transferring, leasing, or lending business licenses for civil cryptographic products and services or export and import permits for civil cryptographic products;

b) Altering or erasing contents within business licenses for civil cryptographic products and services or export and import permits for civil cryptographic products;

c) Not performing procedures to amend or supplement when changing the name, legal representative, or product and service items;

d) Not applying for replacement when the license is lost or damaged;

đ) Not reporting or reporting late to the Government Cryptographic Affairs Board on the situation of business activities of civil cryptographic products and services; export and import of civil cryptographic products and customer information consolidation;

e) Using civil cryptographic products not provided by enterprises licensed to operate civil cryptographic products without reporting to the Government Cryptographic Affairs Board;

g) Not establishing, retaining, and securing customer information, names, types, quantities, and purposes of civil cryptographic products and services.

2. A fine of VND 20,000,000 to VND 30,000,000 for conducting business activities that do not comply with the contents recorded in the business license for civil cryptographic products and services or export and import permit for civil cryptographic products.

3. A fine of VND 40,000,000 to VND 50,000,000 for the following violations:

a) Conducting business activities of civil cryptographic products and services, exporting, or importing civil cryptographic products without a business license for civil cryptographic products and services or export and import permit for civil cryptographic products; or continuing to conduct business activities of civil cryptographic products and services after the business license for civil cryptographic products and services has expired;

b) Failing to temporarily suspend or cease providing civil cryptographic products and services to ensure national defense, security, social order, and safety when requested by competent state authorities;

c) Refusing to cooperate or create conditions for competent state authorities to implement operational measures when requested;

d) Refusing to provide necessary information related to encryption keys to competent state authorities when requested.

4. Additional forms of administrative punishment:

a) Revocation of the right to use business licenses for civil cryptographic products and services and export and import permits for civil cryptographic products for a period of one to three months for violations stipulated in Points a and b of Clause 1 and Clause 2 of this Article;

b) Confiscation of objects and means used to commit violations stipulated in Point c of Clause 1 and Clause 3 of this Article.

Article 9. Competence to Impose Penalties

1. A civil servant inspector performing official duties has the authority:

a) To issue warnings;

b) To confiscate objects and means of administrative violation with a value up to 500,000 dong;

c) To apply measures to remedy consequences.

2. The Chief Civil Servant Inspector, Head of specialized inspection teams have the authority:

a) To issue warnings;

b) To impose fines up to a maximum of 50,000,000 dong;

c) Revoking the right to use time-limited permits or suspending operations for a time-limited period;

d) To confiscate objects and means of administrative violation with a value not exceeding the fine amount specified in Point b Clause of this Article;

đ) To apply measures to remedy consequences.

3. The Chairman of the People's Committee at district level has the authority:

a) To issue warnings;

b) To impose fines up to a maximum of 25,000,000 dong;

c) Revoking the right to use time-limited permits or suspending operations for a time-limited period;

d) To confiscate objects and means of administrative violation with a value not exceeding the fine amount specified in Point b Clause of this Article;

đ) To apply measures to remedy consequences.

4. The Chairman of the People's Committee at provincial level has the authority:

a) To issue warnings;

b) To impose fines up to a maximum of 50,000,000 dong;

c) Revoking the right to use time-limited permits or suspending operations for a time-limited period;

d) To confiscate objects and means of administrative violation with a value not exceeding the fine amount specified in Point b Clause of this Article;

đ) To apply measures to remedy consequences.

5. Public Security Forces, Border Guard, Coast Guard, Customs, Market Management have the right to impose penalties according to the competence prescribed in Clause 4, 5, 6, 7 Article 39, Article 40, Article 41, Article 42, Clause 4 Article 45 of the Law on Handling Administrative Violations No. 15/2012/QH13 dated June 20, 2012 for acts of administrative violations in the field of civilian cryptography as stipulated in this Decree.

Article 10. Competence to Draft Administrative Violation Records

The positions mentioned in Article 9 of this Decree, officials performing official duties in the field of civilian cryptography have the right to draft administrative violation records according to regulations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 11. Transitional Provisions

1. Enterprises operating products and services of civilian cryptography that have been granted a Business License for Products and Services of Civilian Cryptography according to Decree No. 73/2007/NĐ-CP dated May 8, 2007 of the Government on research, production, business and use of cryptography to protect information outside the scope of state secrets and still within their validity period shall not need to reapply for a Business License for Products and Services of Civilian Cryptography. Thirty days before the license expires, enterprises must complete procedures to obtain a license under this Decree.

2. Enterprises that have not yet been granted a Business License for Products and Services of Civilian Cryptography, Export and Import License for Civilian Cryptography Products must complete licensing procedures according to the provisions of this Decree.

Article 12. Effective Date

This Decree takes effect from July 1, 2016 and replaces Decree No. 73/2007/NĐ-CP dated May 8, 2007 of the Government on research, production, business and use of cryptography to protect information outside the scope of state secrets.

Article 13. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.

 

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, agencies under the Government; - People's Councils, People's Committees of provinces and centrally-administered cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - National Assembly Ethnic Committee and relevant Committees; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Office; - National Financial Supervisory Commission; - Social Policy Bank; - Vietnam Development Bank; - Central Committee of the Vietnam Fatherland Front; - Central Agencies of Mass Organizations; - Government Cryptographic Agency; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - To be filed: VT, NC (3b).

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc

 

ANNEX I

LIST OF CIVILIAN CRYPTOGRAPHY PRODUCTS AND SERVICES

(Attached to Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government)

I. LIST OF CIVILIAN CRYPTOGRAPHY PRODUCTS

No.	Product name, equipment
1	Product generating cryptographic keys, managing or storing cryptographic keys.
2	Cryptographic components in PKI systems.
3	Data protection product.
4	Data protection product during network exchange.
5	IP flow protection product and channel protection.
6	Analog and digital telephone protection product.
7	Wireless communication protection product.
8	1. Civilian cryptography products are described as systems, equipment, modules and integrated circuits, software specifically designed for the purpose of protecting information using "symmetric cryptographic algorithms" or "asymmetric cryptographic algorithms".

Explanation:

2. The List of civilian cryptography products subject to conditions for business does not include the following products:

Operating systems, web browsers, software pre-integrated with existing cryptographic components (encryption protection function is not the main function), widely used and built for users to install without any support from the provider.

No.	Product name, equipment
1	Information technology products widely used where encryption protection function is not the main function and pre-installed without any support from the provider: tablet computers, smartphones, DVD players, digital cameras, similar consumer electronics products.
2	Mobile phones without end-to-end encryption capability.
3	Smart cards and readers/writers only used for general access and manufactured specially to protect personal information.
4	Copyright and ownership protection products designed to perform one of the following functions:
5	a) Preventing unauthorized copying of software. b) Preventing access to protected media in read-only mode. c) Preventing access to encrypted information stored on media when sold publicly. d) Preventing access to information stored to protect copyright once for audio/video data. Products with authentication function only without encryption function.
6	Wireless devices that encrypt information over a maximum range of less than 400 meters according to the manufacturer's technical specifications.
7	Personal Area Network (PAN) wireless device systems installed with cryptographic standards with a coverage range not exceeding 100 meters and cannot connect to more than seven other devices according to the manufacturer's specifications.
8	Products designed specifically for use in the medical field at the end-user side.
9	II. LIST OF CIVILIAN CRYPTOGRAPHY SERVICES

Service of protecting information using civilian cryptography products.

No.	Service Name
1	Service of testing and evaluating civilian cryptography products.
2	Service of consulting on security and network safety using civilian cryptography products.
3	LIST OF CIVILIAN CRYPTOGRAPHY PRODUCTS FOR EXPORT AND IMPORT UNDER LICENSE

 

ANNEX II

Description of cryptographic function

(Attached to Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government)

HS Code	Name	Printers using printing parts such as molds (type blocks), rollers, and other printing parts of group 84.42; other printers, copiers (copying machines), and fax machines, whether combined or not; parts and accessories thereof.
84.43	- - Combined machines with two or more printing, copying, or faxing functions capable of connecting to automatic data processing machines or networks:
	- Other printing machines, copiers, and fax machines, whether combined or not:
8443.31	- - - Combined printer-copier-fax machine
8443.31.30	Cryptographic fax, telegraph product	- - - Fax machine
8443.31.90	- - Of chickens of the species Gallus domesticus	- - - Fax machine
8443.32	- - Other types with the ability to connect to automatic data processing equipment or network:
8443.32.40	- Parts and accessories	- - - Fax machine
8443.32.90	- - Of chickens of the species Gallus domesticus	- - - Fax machine
	Cryptographic components combined with fax, telegraph machines
8443.99	- - - Other
8443.99.90	- - Of chickens of the species Gallus domesticus	Components of the cryptographic combination with the fax machine, telegraph
84.71	Automatic data processing machines and their functional units; magnetic or optical readers, data transmission machines that transmit data onto transmission media in encoded form, and machines that process such data, not elsewhere specified or included.
8471.30	- Portable automatic data processing machines, weighing not more than 10 kg, comprising at least one central processing unit, a keyboard, and a display screen:
8471.30.90	- Paddy:	Products generating cryptographic keys, managing or storing cryptographic keys, data coding machines, products securing IP streams and channel security
	- Other automatic data processing machines:
8471.41	- - Contained in a single housing with at least one central processing unit, one input unit, and one output unit, combined or not combined with each other:
8471.41.90	- - Of chickens of the species Gallus domesticus	Products generating cryptographic keys, managing or storing cryptographic keys, data coding machines, products securing IP streams and channel security
8471.49	- - Other, in system form:
8471.49.90	- - Of chickens of the species Gallus domesticus	Products generating cryptographic keys, managing or storing cryptographic keys, data coding machines, products securing IP streams and channel security
8471.50	- Processing units other than those of subheading 8471.41 or 8471.49, whether or not contained in a single housing with one or two of the following devices: storage device, input device, output device:
8471.50.90	- Paddy:	Microprocessors with encryption functions
8471.70	- Storage devices:
8471.70.20	- - Hard disk drives	Encrypted hard disk drives
8471.70.99	- - Of chickens of the species Gallus domesticus	Storage devices with encryption functions
8471.80	- Other parts of automatic data processing machines:
8471.80.90	- Paddy:	Products generating cryptographic keys, managing or storing cryptographic keys, cryptographic components in a PKI system, products securing stored data, data security products, data coding machines, products securing IP streams and channel security
8471.90	- - Of ducks, geese	Cryptographic components of automatic data processing machines
84.73	Parts and accessories (other than cases, boxes, and similar items) solely or principally for use with machines of headings 84.69 to 84.72
8473.30	- Parts and accessories of machines of heading 84.71	Cryptographic components of machines of heading 84.71
85.17	Telephones, including mobile cellular network telephones or other wireless network telephones; other equipment for transmitting or receiving sound, images, or other data, including wired or wireless telecommunications networking equipment (such as that used in internal networks or wide area networks), except equipment for transmitting or receiving of heading
	- Telephones, including mobile cellular network telephones or other wireless network telephones:
8517.11.00	- - Wired telephones with wireless handsets	Similar secure voice and digital voice products, secure wired telephone products
8517.12.00	- - Mobile cellular network telephones or other wireless network telephones	Similar secure voice and digital voice products, secure wireless telephone products
8517.18.00	- Paddy:	Other secure telephones
	- Other equipment for transmitting or receiving sound, images, or other data, including wired or wireless communication equipment (such as that used in internal networks or wide area networks):
8517.62	- - Receivers, converters, transmitters, or regenerators of sound, images, or other data forms, including switching and routing equipment:	Products securing IP streams and channel security
8517.69.00	- Paddy:	Other encryption equipment of heading 8517.62
8517.70	- Parts:	Encryption components used in equipment of heading 8517
85.23	Disks, tapes, solid-state storage devices, "smart cards," and other information storage media for recording sound or other phenomena, recorded or not recorded, including master copies for producing recordings, but excluding products of Chapter 37.
	- Semiconductor information storage media:
8523.51	- - Non-erasable semiconductor storage devices:	Cryptographic components in a PKI system, products securing stored data
8523.52.00	- - "Smart cards"	Cryptographic components in a PKI system, products securing stored data
85.25	Broadcasting or television transmitting equipment, whether or not combined with receiving or recording or reproducing sound equipment; television cameras, digital cameras, and video recording cameras.
8525.50.00	- Transmitting equipment	Products securing IP streams and channel security, secure wireless products
8525.60.00	- Transmitting equipment combined with receiving equipment	Products securing IP streams and channel security, secure wireless products
85.26	Radar, radio wave navigation equipment, and remote control equipment using radio waves.
	- - Of ducks, geese
8526.91	- - Radio wave navigation equipment	Secure wireless products
8526.92.00	- - Remote control equipment using radio waves	Secure wireless products
85.28	Screens and projectors, not attached to television receiving equipment; television receiving equipment, whether or not combined with radio sound receiving equipment or recording or reproducing sound or image equipment.
	- Television receiving equipment, whether or not combined with radio sound receiving equipment or recording or reproducing sound or image equipment:
8528.71	- - Not designed to be attached to video display equipment or screens:	Products securing IP streams and channel security
85.29	Parts solely or principally for use with equipment of headings 85.25 to 85.28.
8529.90	- - Of ducks, geese
8529.90.20	- - For decoding units	Encryption components used in headings 8525, 8526, and 8528
	- - Other printed circuit boards, fully assembled:
8529.90.51	- - - For goods of subheading 8525.50 or 8525.60	Encryption components used in headings 8525.50 and 8525.60
85.42	Integrated electronic circuits.
	- Integrated electronic circuits:
8542.31.00	- - Processing and control units, whether or not combined with memory, converters, logic circuits, amplifiers, clocks, or timing circuits, or other circuits	Cryptographic components in a PKI system, products securing stored data
8542.32.00	- - Memory cards	Products securing stored data
85.43	Machines and equipment with specific functions, not elsewhere specified or included in this Chapter.
8543.70	- Other machines and equipment:
8543.70.20	- - Remote control equipment, except remote control equipment using radio waves	Secure wireless products
8543.70.50	- - Integrated receiver/decoder (IRD) for direct broadcast multimedia systems	Secure wireless products
8543.90	- Parts:
8543.90.50	- - Of goods of subheading 8543.70.50	Encryption components of subheading 8543.70.50

Application Principles of the List:

- In case only four-digit codes are listed, all eight-digit codes within that four-digit group shall apply.

- In case only six-digit codes are listed, all eight-digit codes within that six-digit subheading shall apply.

- In case detailed to eight-digit codes are listed, only those eight-digit codes shall apply.

- The Civil Export and Import Cryptographic Product List applies only to equipment whose HS code, name, and cryptographic function description match those of the goods in the List.

 

ANNEX III

(Attached to Decree No. 58/2016/NĐ-CP dated July 1, 2016 of the Government)

Form No. 01	Application for a Business License for Civil Cryptographic Products and Services
Form No. 02	Application for Modification, Supplement, Reissue, or Extension of a Business License for Civil Cryptographic Products and Services
Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives	Business License for Civil Cryptographic Products and Services
Form number 04	Application for an Export/Import License for Civil Cryptographic Products
Form number 05	Export/Import License for Civil Cryptographic Products

 

Form No. 01

(Enterprise Name) -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: …	………, day … month … year …

 

PETITION FOR APPLICATION

Issuance of a Business License for Civil Cryptographic Products and Services

To: Government Office of Official Communications.

Name of the enterprise requesting permission (in Vietnamese): …

Name of the enterprise in foreign language (if any): …

Abbreviation of the enterprise name (if any): …

Main office address: …

Phone:…Fax: …

Email: … Website: …

Business Registration Certificate/Investment Registration Certificate or other equivalent document:  

Issued by: … on date: …

Legal representative's full name of the enterprise: …

Position: ...

ID Card/Identity Card/Passport Number: …
Issued on date … at …

Requesting the Ministry of National Defense to issue a Business License for civil cryptographic products and services as follows:

1. List of civil cryptographic products requested for business license

Serial number	Product group name	Standards, technical characteristics	Scope, field of supply
1
2

2. List of civil cryptographic services requested for business license

Serial number	Service Name	Scope, field of supply
1
2

I/we hereby take responsibility under the law for the accuracy of the provided information and commit to comply with the regulations on trading civil cryptographic products as stipulated in the Cybersecurity Law.

 

LEGAL REPRESENTATIVE OF THE ENTERPRISE (Signature, full name, stamp)

 

Form No. 02

(Enterprise Name) -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: …	………, day … month … year …

 

PETITION FOR APPLICATION

Amend, supplement/reissue/extend the Business License for civil cryptographic products and services

To: Government Office of Official Communications.

Name of the enterprise requesting permission (in Vietnamese): …

Name of the enterprise in foreign language (if any): …

Abbreviation of the enterprise name (if any): …

Main Office Address:...

Phone:…Fax: …

Email: … Website: …

Business Registration Certificate/Investment Registration Certificate or other equivalent document:  
Issued by: … on date: …

Civil Cryptographic Products and Services Business License number: … issued by the Ministry of National Defense on date:  

Legal representative's full name of the enterprise: …

Position: ...

ID Card/Identity Card/Passport Number: … issued on date …
at …

Reason for request: …

(clearly state the reason for amending, supplementing/reissuing/extending the Business License)

Requesting the Ministry of National Defense: …

(clearly state the requirements for amending, supplementing/reissuing/extending the Business License)

I/we hereby take responsibility under the law for the accuracy of the provided information and commit to comply with the regulations on trading civil cryptographic products as stipulated in the Cybersecurity Law.

 

LEGAL REPRESENTATIVE OF THE ENTERPRISE (Signature, full name, stamp)

 

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

MINISTRY OF NATIONAL DEFENSE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.:       /GPKDMMDS-BCY	………, day … month … year …

 

IMPLEMENTING ARTICLE 10 OF DECREE NO. 66-HĐBT DATE MARCH 2, 1992 OF THE STATE COUNCIL (NOW THE GOVERNMENT) ON INDIVIDUALS AND GROUPS ENGAGING IN BUSINESS WITH CAPITAL LESS THAN THE LEGAL CAPITAL AS PROVIDED IN DECREE NO. 221-HĐBT DATE JULY 23, 1991, THE MINISTRY OF FINANCE ISSUED CIRCULAR NO. 47 TC/TCT DATE JULY 18, 1997 TO GUIDE REGIMES FOR COLLECTION, PAYMENT, AND MANAGEMENT OF FEES FOR BUSINESS LICENSES ACCORDING TO DECREE NO. 66-HĐBT DATE MARCH 2, 1992 OF THE STATE COUNCIL (NOW THE GOVERNMENT);

CIVIL CRYPTOGRAPHIC PRODUCTS AND SERVICES

HEAD OF THE MINISTRY OF NATIONAL DEFENSE

Pursuant to the Law on Information Security dated November 19, 2015;

Pursuant to Decree No. … dated … month … year 2016 of the Government detailing the regulations on trading civil cryptographic products and services and exporting/importing cryptographic products;

Considering the application for issuing/amending, supplementing/reissuing/extending the Business License for civil cryptographic products and services of …¹;

Based on the proposal of the Director of the Civil Cryptography Management and Product Certification Department,

DECISION:

Article 1. Permission granted to... ¹

Main Office Address:...

Phone:…Fax: …

Business Registration Certificate/Investment Registration Certificate No.: … issued by … on … month … year …;

Is authorized to trade civil cryptographic products and services according to the list attached to this License.

Article 2. …………………………¹ Must comply with the provisions of the Cybersecurity Law and Decree No. … dated … month … year 2016 of the Government detailing the regulations on trading civil cryptographic products and services and exporting/importing cryptographic products.

Article 3. This Business License for civil cryptographic products and services is valid from … day … month … year … to … day … month … year …;² Replacing the Business License for civil cryptographic products and services No. …/GPKDMMDS-BCY dated … day … month … year … of the Head of the Ministry of National Defense./.

 

Place of Receipt: - …… - ……

CHAIRMAN (Signature and stamp)

_______________

¹ Name of the enterprise granted permission.

² Used in case of amending, supplementing/reissuing/extending the Business License.

 

LIST
CIVIL CRYPTOGRAPHIC PRODUCTS AND SERVICES PERMITTED FOR BUSINESS
(Attached to the Business License for civil cryptographic products and services No. …/GPKDMMDS-BCY dated … month … year … of the Ministry of National Defense)

1. List of civil cryptographic products permitted for business

Serial number	Product group name	Standards, technical characteristics	Scope, field of supply
1
2

2. List of civil cryptographic services permitted for business

Serial number	Service Name	Scope, field of supply
1
2

 

Form number 04

(Enterprise Name) -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: …	………, day … month … year …

 

PETITION FOR APPLICATION

Issue Export/Import License for civil cryptographic products

To: Ministry of National Defense

Name of the enterprise requesting permission (in Vietnamese): …

Name of the enterprise in foreign language (if any): …

Abbreviation of the enterprise name (if any): …

Main Office Address:...

Main Office Address:...

Phone:…Fax: …

Email: … Website: …

Business Registration Certificate/Investment Registration Certificate or other equivalent document:  
Issued by: … on date: …

Requesting the Ministry of National Defense to issue Export License for civil cryptographic products/Import License for civil cryptographic products according to the list attached to this application.

I/we hereby take responsibility under the law for the accuracy of the provided information and commit to comply with the regulations on exporting/importing civil cryptographic products as stipulated in the Cybersecurity Law.

 

LEGAL REPRESENTATIVE OF THE ENTERPRISE (Signature, full name, stamp)

 

LIST OF CIVIL CRYPTOGRAPHIC PRODUCTS REQUESTED FOR EXPORT LICENSE, IMPORT LICENSE

(attached to the Application for Export/Import License for civil cryptographic products No. … of Company …)

No.	Product Name	Manufacturer	Model	HS Code	Country of manufacture	Year of manufacture	Quantity	Standards, technical specifications (*)	Technical characteristics	Purpose of Export/Import
1
2
…

Note: (*) Technical standards only apply to import cases.

 

Form number 05

MINISTRY OF NATIONAL DEFENSE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number:       /GPXNK-BCY	………, day … month … year …

 

LICENSE

EXPORT AND IMPORT OF CIVIL CRYPTOGRAPHIC PRODUCTS

CIVIL CRYPTOGRAPHIC CODE

HEAD OF THE MINISTRY OF NATIONAL DEFENSE

Pursuant to the Law on Information Security dated November 19, 2015;

Based on the Decree No.…… dated … month … year 2016 of the Government detailing the business of civil cryptographic products and services and export, import of civil cryptographic products;

Considering the application for granting the Export and Import Business License of civil cryptographic products of …¹;

Based on the proposal of the Director of the Civil Cryptography Management and Product Certification Department,

DECISION:

Article 1. Permit … ¹

Main Office Address:...

Phone:…Fax: …

Enterprise Registration Certificate/Investment Registration Certificate No.:…… issued by … on … month … year …;

Is permitted to export/import civil cryptographic products according to the List attached to this License.

Article 2. ……………………….¹ must comply with the provisions of the Cybersecurity Law and the Decree No. … dated … month … year 2016 of the Government detailing the business of civil cryptographic products and services and export, import of civil cryptographic products;

Article 3. This Civil Cryptographic Products Export and Import License is valid until … day … month … year …;² Replaces the Civil Cryptographic Products Export and Import License No. .../GPXNK-BCY dated … month … year … of the Government Cryptographic Office./.

 

Place of Receipt: - …… - ……

CHAIRMAN (Signature and stamp)

_______________

¹ Name of the enterprise granted permission.

² Used in case of amending, supplementing/reissuing the License.

 

LIST
CIVIL CRYPTOGRAPHIC PRODUCTS PERMITTED FOR EXPORT/IMPORT
(Attached to the Civil Cryptographic Products Export and Import License No. …/GPXNKMMDS-BCY dated … month … year … of the Government Cryptographic Office)

No.	Product Name	Manufacturer	Model	HS Code	Country of manufacture	Year of manufacture	Quantity	Technical Standards and Regulations	Technical characteristics	Purpose of Export/Import
1
2
3
…