Circular 06/2024/TT-BTTTT on the Recognition of Foreign Electronic Signature Certification Service Providers in Vietnam?
Circular 06/2024/TT-BTTTT on the recognition of foreign electronic signature certification service providers in Vietnam
On July 1, 2024, the Minister of Information and Communications issued Circular 06/2024/TT-BTTT stipulating the recognition of foreign electronic signature certification service providers in Vietnam; the recognition of foreign electronic signatures and electronic signature certificates in Vietnam.
Circular 06/2024/TT-BTTT applies to:
- Foreign electronic signature certification service providers requesting recognition in Vietnam;
- Foreign organizations and individuals, and Vietnamese organizations and individuals who need to conduct electronic transactions with foreign organizations and individuals, but the electronic signatures and electronic signature certificates of domestic service providers are not yet recognized in that country;
- Organizations and individuals related to the recognition of foreign electronic signature certification service providers in Vietnam;
In addition, Circular 06/2024/TT-BTTT also recognizes foreign electronic signatures and foreign electronic signature certificates in Vietnam.
Circular 06/2024/TT-BTTTT on the recognition of foreign electronic signature certification service providers in Vietnam
Procedures for recognizing foreign electronic signature certification service providers in Vietnam
Based on Article 4 of Circular 06/2024/TT-BTTT, the procedures for recognizing foreign electronic signature certification service providers in Vietnam are as follows:
(1) Foreign electronic signature certification service providers shall submit a dossier for recognizing foreign electronic signature certification service providers in Vietnam, either directly or via postal service or online as guided:
+ Direct submission or via postal service to the Ministry of Information and Communications (National Electronic Certification Authority), address: No. 18 Nguyen Du - Hai Ba Trung - Hanoi.
+ Online submission via the online public service system (National Public Service Portal, https://dichvucong.gov.vn or the Public Service Portal of the Ministry of Information and Communications, https://dichvucong.mic.gov.vn).
+ Documents issued, recognized, or certified by competent foreign agencies or organizations must be legalized according to Vietnamese law (except in cases exempt from consular legalization) and translated and notarized into Vietnamese.
(2) Within 45 days from the date of receiving a valid dossier, the Ministry of Information and Communications (National Electronic Certification Authority) in cooperation with the Ministry of Public Security shall review and evaluate the dossier, and check the status of the electronic signature certificate of the foreign electronic signature certification service provider requesting recognition in Vietnam.
(3) If the conditions are met:
- The Ministry of Information and Communications shall issue a recognition certificate for foreign electronic signature certification service providers in Vietnam. The format of the recognition certificate for foreign electronic signature certification service providers is as prescribed in Form No. 02 attached to Circular 06/2024/TT-BTTT.
- The National Electronic Certification Authority shall acknowledge the electronic signature certificate of the recognized foreign electronic signature certification service provider in Vietnam and publish this certificate on the Trusted Service List System.
(4) If the conditions are not met, the Ministry of Information and Communications shall provide a notification stating the reasons.
(5) In case of conducting administrative procedures electronically, online public services, receiving and processing dossiers, and providing results shall be implemented according to the Government of Vietnam's regulations on carrying out administrative procedures electronically, providing public services electronically, and electronic transaction law.
Provisions on the validity period of recognizing foreign electronic signature certification service providers in Vietnam
According to Article 5 of Circular 06/2024/TT-BTTT, the validity period of recognizing foreign electronic signature certification service providers in Vietnam is stipulated as follows:
- The validity period of recognizing foreign electronic signature certification service providers in Vietnam shall be the same as the service license of that organization in its home country and not exceed the validity period of its electronic signature certificate.
- In case of changes that lead to changes in the electronic signature certificate of the recognized foreign electronic signature certification service provider in Vietnam, the foreign electronic signature certification service provider shall report such changes and request re-recognition of the electronic signature certificate according to the dossier and procedures stated in Articles 3 and 4 of Circular 06/2024/TT-BTTT.
Note: Circular 06/2024/TT-BTTT takes effect from August 15, 2024, except for the provisions in Article 10 of Circular 06/2024/TT-BTTT.
LawNet