What is electronic authentication service? What are the conditions for eligibility to provide e-authentication services in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

1. What is electronic authentication service?

Pursuant to Clause 8, Article 3 of Decree 59/2022/ND-CP, electronic authentication is defined:

Electronic authentication refers to an act of confirming or asserting identities attached to an eID holder by accessing, discovering and examining those identities existing in the national population, citizen ID, entry/exit and other database and electronic identification and authentication system, or verifying an eID account created by the electronic identification and authentication system with the help of an electronic authentication service provider in order to affirm value of that eID account (hereinafter referred to as e-authentication).

At the same time, Clause 1, Article 26, Decree 59/2022/ND-CP stipulates that the e-authentication service is classified as a conditional business.

From the reference to the above regulations, e-authentication service is an act of confirming or asserting identities attached to an eID holder by accessing, discovering and examining those identities existing in the national population, citizen ID, entry/exit and other database and electronic identification and authentication system.

2. What are the conditions for eligibility to provide e-authentication services in Vietnam?

According to the provisions of Article 27 of Decree 59/2022/ND-CP, conditions for eligibility to provide e-authentication services include:

Regarding organization and business conditions: must be state-owned public or government service units; businesses under the control of People’s Public Security forces.

Regarding personnel conditions

- As an e-authentication service provider, the head of a non-person entity or the legal representative of a business must be a Vietnamese national permanently residing in Vietnam.

- As an e-authentication service provider, the non-person entity or business must employ personnel holding at least undergraduate degrees in the following majors to be in charge of providing services; running and administering their system; maintaining security for the entire system:

+ Information security majors

+ Information technology majors

+ Telecommunication electronics majors

Regarding technical expertise, processes for management of services and security or emergency response plans

In order to apply for certificates of eligibility provide e-authentication services, non-person entities and businesses must have their service scheme including the following documents:

- Action plan and process for provision of e-authentication services, including
explanations about the information technology system;

+ Interpretation of the technical plan in the technological solution aspect;

+ The plan for storage, assurance of data integrity, security and safety of the service providing system;

+ The plan for protection of data of individuals and non-person entities;

+ The security plan;

+ The plan for fire safety, response to emergencies, maintenance of stable and smooth working condition of e-authentication services;

- Introduction brochures about their machinery and devices in Vietnam satisfying regulatory fire safety requirements; resistant to flood, inundation, earthquake, electronic interference or unauthorized human access.

3. What do the application for certificates of conformance to e-authentication service business regulations in Vietnam include?

According to the provisions of Article 28 of Decree 59/2022/ND-CP, the application for certificates of conformance to e-authentication service business regulations in Vietnam includes:

- Application form for certificates of conformance to e-authentication service business regulations made according to Form XT01 given in Appendix to Decree 59/2022/ND-CP

Download Application form for certificates of conformance to e-authentication service business regulations

- Full texts of the service scheme, enclosing the description sheet prescribed in section 2.

After fully preparing the documents as mentioned above, the unit shall submits application directly; by post to the Ministry of Public Security; online through the national public service portal or the public service portal of the Ministry of Public Security. Upon receiving the application, the Ministry of Public Security will handle it in the following order:

- If any of the documents is missed or invalid, within 03 working days after submission, the Ministry of Public Security must send a written notification of any necessary modification to the applicant.

- In case the documents are valid:

+ Within 03 working days from the day on which valid documents are received, the Ministry of Public Security proceeds to conduct a survey on opinions of relevant ministries or quasi-ministries;

+ Within 10 days of receipt of the written request for opinions from the Ministry of Public Security, these ministries or quasi-ministries must send their responses;

+ Within 30 days of receipt of all required valid documents, the Ministry of Public Security conducts the site inspection at the applicant’s office and issues them with the certificate of conformance to e-authentication service business regulations by completing Form XT03 given in Appendix to Decree 59/2022/ND-CP to the accredited applicant; in case of rejection, a written notification, clearly stating reasons for such rejection, must be sent.

Download Form XT03

In case of rejection, a written notification, clearly stating reasons for such rejection, must be sent.

Thus, in order to be granted a certificates of conformance to e-authentication service business regulations in Vietnam, the unit needs to prepare 01 set of documents as mentioned above and submit it to the Ministry of Public Security.

Best regards!

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