Vietnam: Can certificates of conformance to e-authentication service business regulations which are revoked be reissued?
- What are the cases of revocation of certificates of conformance to e-authentication service business regulations in Vietnam?
- Vietnam: Can certificates of conformance to e-authentication service business regulations which are revoked be reissued?
- What are the principles of electronic identification and authentication in Vietnam?
What are the cases of revocation of certificates of conformance to e-authentication service business regulations in Vietnam?
Article 30 of Decree 59/2022/ND-CP stipulates the revocation or withdrawal of certificates of conformance to e-authentication service business regulations
- E-authentication service provider's certificate of conformance to e-authentication service business regulations is revoked in the following cases:
+ As an e-authentication service provider, the non-person entity or business has not operated for at least six consecutive months;
+ It is dissolved or bankrupt as per law;
+ Its service is ceased;
+ It violates law on data privacy and cybersecurity.
- The Ministry of Public Security may issue its decision on revocation of certificates of conformance to e-authentication service business regulations by completing the application form XT04 given in Appendix hereto.
- The e-authentication service provider in question shall have the burden of protecting legitimate rights and interests of eID holders and related parties or stakeholders in accordance with law.
Vietnam: Can certificates of conformance to e-authentication service business regulations which are revoked be reissued?
Vietnam: Can certificates of conformance to e-authentication service business regulations which are revoked be reissued?
Article 29 of Decree 59/2022/ND-CP regulates the reissuance or replacement of certificates of conformance to e-authentication service business regulations.
Reissuance or replacement of certificates of conformance to e-authentication service business regulations
1. Revision of the certificate of conformance to e-authentication service business regulations can be permitted if there is any change in one of the particulars about legal representative, office address, transaction name, plan and process approved by the Ministry of Public Security in accordance with clause 3 of Article 27 herein.
In order to do so, the applicant must submit one set of documents to apply for revision of the certificate of conformance to e-authentication service business regulations to the Ministry of Public Security in accordance with point a of clause 2 of Article 28 herein. Documents to be submitted to apply for revision of the certificate are composed of the followings: Application form XT02 given in Appendix hereto; documents evidencing information changes.
a) If the applicant wishes to change one of the data about their legal representative, office address or transaction name, within 10 days of receipt of all required valid documents, the Ministry of Public Security conducts the inspection; issues the certificate of conformance to e-authentication service business regulations to the accredited applicant; in case of rejection, a written notification, clearly stating reasons for such rejection, must be sent;
a) If the applicant wishes to change one of the data about the plan and process for provision of e-authentication service, within 30 days of receipt of all required valid documents, the Ministry of Public Security conducts the review and the survey on opinions from relevant ministries or quasi-ministries; carries out the site inspection and issues the certificate of conformance to e-authentication service business regulations to the accredited applicant; in case of rejection, a written notification, clearly stating reasons for such rejection, must be sent;
2. Reissuing another certificate of conformance to e-authentication service business regulations if the previous one is lost or damaged:
a) In order to do so, the applicant must submit one set of documents to apply for revision of the certificate of conformance to e-authentication service business regulations to the Ministry of Public Security in accordance with point a of clause 2 of Article 28 herein. Application documents for certificate reissuance are composed of: Application form XT02 given in Appendix hereto;
d) Within 30 days of receipt of the completed application form, the Ministry of Public Security considers reissuing another certificate of conformance to e-authentication service business regulations to the applicant; in case of rejection, a written notification, clearly stating reasons for such rejection, must be sent.
Thus, according to the above regulations, the certificates of conformance to e-authentication service business regulations will only be reissued in case it is lost or damaged.
What are the principles of electronic identification and authentication in Vietnam?
Pursuant to Article 4 of Decree 59/2022/ND-CP regulating the electronic identification and authentication principles as follows:
- Abide by the Constitution and law; reserve legitimate rights and interests of agencies, entities and persons.
- Ensure accuracy and uniqueness in carrying out the electronic identification and authentication process; openness and transparency in management and convenience for agencies, entities and persons.
- Secure devices and protect data security and privacy when carrying out electronic identification and authentication.
- Agencies, entities and persons granted access to eIDs are obliged to secure eID accounts and comply with regulatory provisions on protection of personal data.
- Once being detected, any offence against law on electronic identification and authentication shall be promptly sanctioned under law.
- Ensure conformity with international treaties of which Vietnam is a member state.
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