What is the service of e-contract certification? What are the conditions for providing e-contract certification service in Vietnam?
- What is the service of e-contract certification? What are the conditions for providing e-contract certification service in Vietnam?
- What is the application for registration of provision of e-contract certification service in Vietnam?
- What is the registration process for provision of e-contract certification service in Vietnam?
What is the service of e-contract certification? What are the conditions for providing e-contract certification service in Vietnam?
Pursuant to Clause 15, Article 3 of Decree 52/2013/ND-CP:
Service of e-contract certification is a third party’s service of storing and assuring the integrity of e-documents created by the parties during the conclusion and performance of contracts.
Pursuant to Clause 22, Article 1 of Decree 85/2021/ND-CP, the eligibility requirements to be satisfied to provide electronic contract (e-contract) certification service:
- The applicant is a trader or organization established in accordance to the law of Vietnam;
- The applicant has a Scheme for service provision which is made using the form provided in Clause 8 of this Article and appraised by the Ministry of Industry and Trade, and, inter alia, includes the following primary contents:
+ Details of the applicant, including: experience and capacity qualified for provision of e-contract certification service;
+ Description of technical plans on provision of e-contract certification service, including: description of the information technology system; description of technical plan on technological solutions, process of operation and certification of e-contracts, including retention plan which must ensure the integrity of data of electronic documents, plan for identification and electronic certification of the parties involving in e-contract certification as prescribed by law, plan for searching for certified e-contracts on the system; plan for ensuring security of e-contract certification service and customers’ information confidentiality; technical plan for maintaining and remedying e-contract certification operations when the system malfunctions.
What is the service of e-contract certification? What are the conditions for providing e-contract certification service in Vietnam? (Image from the Internet)
What is the application for registration of provision of e-contract certification service in Vietnam?
Pursuant to Clause 22, Article 1 of Decree 85/2021/ND-CP stipulating the application for registration as follows:
- The application form for registration of provision of e-contract certification service;
- Copy extracted from master register or certified true copy or copy presented with its original for verification purpose of the establishment decision (of the organization) or enterprise registration certificate or investment certificate (of trader);
- The Scheme on provision of e-contract certification service as prescribed in Point b Clause 1 of this Article.
What is the registration process for provision of e-contract certification service in Vietnam?
Pursuant to Clause 22, Article 1 of Decree 85/2021/ND-CP stipulating the registration process of provision of electronic contract certification service as follows:
- Submission, receipt and processing of application for registration of provision of e-contract certification service by the Ministry of Industry and Trade shall be made online through the E-Commerce Management Portal at www.online.gov.vn;
- For declaration of information, the applicant shall access the E-Commerce Management Portal and follow the following 05 steps:
Step 1: The applicant shall apply for a user account on the system by providing the following information: the applicant’s name; business registration number (if the applicant is a trader) or number of establishment decision (if the applicant is an organization); applicant’s headquarters address; contact information, including telephone number, fax and email.
Step 2: Within 03 working days from the date of provision of information in Step 1, the applicant shall receive a response from the Ministry of Industry and Trade through the registered email with one of the following contents:
- If the information provided when applying for a user account is adequate, the applicant shall be issued with a user account for accessing the system and follow Step 3;
- If the application for a user account is refused or additional information is requested, the applicant shall repeat registration procedures or provide additional information as requested.
Step 3: The applicant shall access the system using the issued user account, select the function “Registration of provision of e-contract certification service”, fill in the form and attach application for registration.
Step 4: Within 20 working days from the date of completion of Step 3, the applicant shall receive a response from the Ministry of Industry and Trade through the registered email with one of the following contents:
- Give certification that the application is adequate and valid, and request the applicant to follow Step 5;
- Notify that the application is invalid or request the applicant to provide additional information. In such case, the applicant shall repeat Step 3 or provide additional information as requested.
Step 5: After receiving a certification that the application is adequate and valid, the applicant shall provide a complete application (including physical documents) to the Ministry of Industry and Trade (through Vietnam E-commerce and Digital Economy Agency).
- The applicant shall monitor the application processing status via their email or by accessing the system using the issued user account to update and correct information as requested;
- Within 30 days from the receipt of the receipt of the request for additional information in Step 4 as prescribed in Point b of this Clause, if the applicant fails to provide additional information as requested, its application for registration on the system shall be invalid and the applicant is required to repeat registration procedures from the first step.
LawNet
