What are the conditions for grant of licenses for trading in cyberinformation security products and services in Vietnam?
- What are the conditions for grant of licenses for trading in cyberinformation security products and services in Vietnam?
- What are the dossiers of application for licenses for trading in cyberinformation security products and services in Vietnam?
- What is the time limit for appraisal of dossiers and grant of licenses for trading in cyberinformation security products and services in Vietnam?
What are the conditions for grant of licenses for trading in cyberinformation security products and services in Vietnam?
Pursuant to Article 42 of the 2015 Law on Cyberinformation Security in Vietnam, a number of words have been abolished by Clause 3, Article 18 of the 2018 Law on amendments to some Articles concerning planning of 37 Laws regulating the conditions for grant of licenses for trading in cyberinformation security products and services as follows:
An enterprise shall be granted a license for trading in cyberinformation security products and services, except those mentioned at Points a, b, c and d, Clause 1, and Point a, Clause 2, Article 41 of the 2015 Law on Cyberinformation Security in Vietnam, when fully meeting the following conditions:
- Such trading complies with the national strategy or plan on cyberinformation security development;
- It has equipment and physical foundations suitable to the scale of provision of cyberinformation security products and services;
- It has managerial, administration and technical staff members meeting professional requirements on information security;
- It has a suitable business plan.
An enterprise shall be granted a license for provision of cyberinformation security testing and evaluation services when fully meeting the following conditions:
- The conditions specified in Clause 1 Article 42 of the 2015 Law on Cyberinformation Security in Vietnam;
- It is established and operates lawfully in the Vietnamese territory, except foreign- invested enterprises;
- Its at-law representative and managerial, administration and technical staff members are Vietnamese citizens permanently residing in Vietnam;
- It has a technical plan conformable with relevant standards or technical regulations;
- It has a customer information confidentiality plan in the course of service provision;
- Its managerial, administration and technical staff members possess information security testing and evaluation diplomas or certificates.
An enterprise shall be granted a license for provision of information confidentiality services without using civil cryptography when fully meeting the following conditions:
- The conditions specified at Points a, b, c, d and dd, Clause 2 Article 42 of the 2015 Law on Cyberinformation Security in Vietnam;
- Its managerial, administration and technical staff members possess information confidentiality diplomas or certificates.
What are the conditions for grant of licenses for trading in cyberinformation security products and services in Vietnam? (Image from the Internet)
What are the dossiers of application for licenses for trading in cyberinformation security products and services in Vietnam?
Pursuant to Article 43 of the 2015 Law on Cyberinformation Security in Vietnam, the dossiers of application for licenses for trading in cyberinformation security products and services include:
- An application for a license for trading in cyberinformation security products and services, specifying types of cyberinformation security products and services to be traded;
- A copy of the enterprise registration certificate, investment registration certificate or another paper of equivalent validity;
- A written explanation of the technical equipment system compliant with law;
- A business plan specifying the provision scope, users and standards and quality of products and services,
- Copies of information security diplomas or certificates of managerial, administration and technical staff members.
In addition to the papers and documents mentioned in Clause 2 Article 43 of the 2015 Law on Cyberinformation Security in Vietnam, a dossier of application for a license for provision of information security testing and evaluation services or information confidentiality services without using civil cryptography must comprise:
- Judicial record cards of the enterprise’s at-law representative and managerial, administration and technical staff members;
- A technical plan;
- A customer information confidentiality plan in the course of service provision.
What is the time limit for appraisal of dossiers and grant of licenses for trading in cyberinformation security products and services in Vietnam?
Pursuant to Article 44 of the 2015 Law on Cyberinformation Security in Vietnam as follows:
Appraisal of dossiers and grant of licenses for trading in cyberinformation security products and services
1. Within 40 days after receiving a complete dossier, the Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with related ministries and sectors in, appraising the dossier, and grant a license for trading in cyberinformation security products and services, except products and services mentioned at Points c and d, Clause 1, and Point a, Clause 2, Article 41 of this Law; if refusing to grant a license, it shall issue a written notice clearly stating the reason.
2. A license for trading in cyberinformation security products and services must have the following principal contents:
a/ Name of the enterprise and its transaction name in Vietnamese and a foreign language (if any); and its head office address in Vietnam;
b/ Name of the enterprise’s at-law representative;
c/ Serial number, date of grant and expiry date of the license;
d/ Cyberinformation security products and services licensed for trading.
3. An enterprise that is granted a license for trading in cyberinformation security products and services shall pay a fee in accordance with the law on charges and fees.
Accordingly, the time limit for appraisal of dossiers and grant of licenses for trading in cyberinformation security products and services is within 40 days after receiving a complete dossier, the Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with related ministries and sectors in, appraising the dossier, and grant a license for trading in cyberinformation security products and services, except products and services mentioned at Points c and d, Clause 1, and Point a, Clause 2, Article 41 of the 2015 Law on Cyberinformation Security in Vietnam.
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