Decree 48/2024/ND-CP: New regulations on application for digital certificates of subscribers in Vietnam

Hello, Lawnet would like to clarify as follows:

On May 09, 2024, the Government of Vietnam issued Decree 48/2024/ND-CP (amending and supplementing several articles of Decree 130/2018/ND-CP dated September 27, 2018, of the Government of Vietnam) detailing the implementation of the Electronic Transactions Law on digital signatures and authentication of digital signatures, including amendments to regulations on the documentation for the issuance of digital certificates for subscribers.

1. Decree 48/2024/ND-CP: New regulations on application for digital certificates of subscribers in Vietnam

The documentation for the issuance of digital certificates for subscribers includes:

- A written request for the issuance of the digital certificate in paper or electronic form according to the template of the public digital signature certification service provider organization.

- Accompanying documents and materials include:

+ For individuals: Citizen ID card, ID card, ID certificate, passport, or use of a level-2 electronic identification account.

+ For organizations: Establishment decision or decision stipulating functions, duties, powers, organizational structure, business registration certificate, or investment certificate and citizen ID card, ID card, ID certificate, or passport of the legal representative of the organization; or use of the electronic identification account of the organization.

- Individuals and organizations have the right to choose to submit a copy from the original register, a certified copy, or submit a copy accompanied by the original for comparison or provide electronic data for the public digital signature certification service provider organization to use and exploit according to regulations.

- In the case of an individual or the legal representative of the organization providing or using information in the citizen ID card, ID card, ID certificate, or information in the individual’s level-2 electronic identification account or information in the organization’s identification account, the public digital signature certification service provider organization (which has received written approval to connect with the electronic identification and authentication system according to legal regulations on electronic identification and authentication or has full means of reading data from the electronic chip, data in the individual’s level 2 electronic identification account) shall exploit the data in the electronic chip, data from the individual’s level 2 electronic identification account, and data from the organization’s identification account without requiring the individual or the organization’s legal representative to submit documentation according to regulations.

- The public digital signature certification service provider organization is responsible for providing utilities or applications to implement electronic receipt methods.

Note:

- For the documentation for the issuance of digital certificates for subscribers that have been submitted to the public digital signature certification service provider organization but have not been issued a digital certificate by May 09, 2024, follow the provisions of Decree 130/2018/ND-CP, unless the parties choose to apply the provisions of Decree 48/2024/ND-CP.

- For documentation for the issuance of foreign digital certificate use permits in Vietnam that have been submitted to the competent state authority but have not been issued by May 09, 2024, follow the provisions of Decree 130/2018/ND-CP.

2. Procedures for issuance of digital certificates for subscribers in Vietnam

According to Article 25 of Decree 130/2018/ND-CP, the procedures for the issuance of digital certificates for subscribers are as follows:

Step 1: Submit the application for digital certificate issuance

Step 2: Verify information

The public digital signature certification service provider organization shall issue digital certificates to subscribers after verifying the following:

- The information in the application for the digital certificate is accurate;

- The public key on the digital certificate to be issued is unique and paired with the private key of the organization or individual requesting the digital certificate.

Additionally, digital certificates are only issued to the applicants and must contain all the information stipulated in Article 5 of Decree 130/2018/ND-CP:

Digital certificates issued by the National Digital Signature Certification Service Provider Organization, Public Digital Signature Certification Service Provider Organization, Specialized Digital Signature Certification Service Provider Organization of the Government of Vietnam, Office/Organizational Digital Signature Certification Service Provider Organization must include the following contents:

- Name of the digital signature certification service provider organization.

- Name of the subscriber.

- Identification number of the digital certificate.

- Validity period of the digital certificate.

- Subscriber's public key.

- Digital signature of the digital signature certification service provider organization.

- Restrictions on the purpose and scope of use of the digital certificate.

- Liability limitations of the digital signature certification service provider organization.

- Cryptographic algorithm.

- Additional necessary information as stipulated by the Ministry of Information and Communications.

Step 3: Publish the issued digital certificate for the subscriber

The public digital signature certification service provider organization shall publish the issued digital certificate for the subscriber in its digital certificate database only after the subscriber confirms the accuracy of the information on that digital certificate;

Publication period: No later than 24 hours after the subscriber’s confirmation, unless otherwise agreed.

Note:

Public digital signature certification service provider organizations may not refuse to issue digital certificates to organizations or individuals requesting the issuance without a valid reason.

Public digital signature certification service provider organizations must ensure safety throughout the process of creating and delivering the digital certificate to the subscriber.

Sincerely!

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