Does the National Electronic Authentication Centre have authority to amend the license to provide public digital signature certification services in Vietnam?

Does the National Electronic Authentication Centre have authority to amend the license to provide public digital signature certification services in Vietnam?

In Clause 2, Article 2 of Decision 26/QD-BTTTT of 2023, the National Electronic Authentication Centre's performance of tasks in service of state management of the Ministry of Information and Communications of the National Electronic Authentication Centre is as follows:

2. To perform the tasks of serving the state management of the Ministry of Information and Communications

a) Research, propose, and coordinate with agencies and units under the Ministry in formulating legal documents, strategies, programs and projects on e-transactions;

b) Verify dossiers of issuance, modification, supplementation, re-issuance, suspension and revocation of licenses to provide public digital signature and electronic authentication services, timestamp issuance services and other services. other services in accordance with the law on electronic transactions; issue a certificate of operation registration of a specialized digital signature certification service provider, a certificate of eligibility to ensure the security of private electronic signatures, certificate of recognition of foreign digital signature certification service providers, a license to use a foreign digital certificate accepted in Vietnam in accordance with law;

c) Organize the research, development, management and operation of a system of testing, inspecting, evaluating, calibrating and measuring standards and quality of specialized products and services related to electronic signatures, digital signatures, timestamps and other services in accordance with the law on electronic transactions to serve the state management of electronic transactions;

d) Research, propose, and implement policies and solutions for inter-connection and cross-validation of digital signatures and electronic authentication;

dd) Participate in the development of standards and technical regulations on electronic signatures, digital signatures, digital signature and electronic authentication services, timestamp issuance services and other services according to regulations on electronic transactions, electronic transaction accounts;

e) Coordinate settlement of complaints and denunciations and handle violations of the law on digital signature and electronic authentication services, timestamp issuance services and other services in accordance with electronic transactions;

g) Collect, synthesize, analyze data and disclosing information, service quality on electronic signatures and electronic authentication, digital signatures, digital signature certification services, timestamp issuance services; time and other services in accordance with the law on electronic transactions;

h) Manage service provision activities of digital signature certification service providers, timestamp service providers and other service providers in accordance with the law on electronic transactions that provide and use private electronic signatures related to electronic transactions under the management of the Ministry in accordance with the law and as assigned by the Minister.

According to this Article, the National Center for Electronic Authentication has the authority to amend the license to provide public digital signature authentication services in accordance with the law on electronic transactions in Vietnam.

Who is leader of the National Electronic Authentication Centre in Vietnam?

Pursuant to Article 3 of Decision 26/QD-BTTTT in 2023 stipulating the leadership of the National Electronic Authentication Centre as follows:

Organizational structure and number of people working

1. Center leader:

The National Electronic Authentication Centre has a Director and Deputy Directors.

The Director is responsible before the Minister and before the law for the organization of the performance of the assigned functions, tasks and powers.
The Deputy Director assists the Director in directing and administering the Center's work areas, taking responsibility before the Director and the law for the performance of assigned tasks.

2. Organizational apparatus:

a) Functional units:

- General administrative office.

- Financial Planning Division.

- Department of Infrastructure and Service Development.

- Research and Testing Department.

- Department of Examination and Policy.

- Department of Information and International Cooperation.

b) Subsidiaries:

- Branch in Da Nang city.

- Branch in Ho Chi Minh City.

Functions, duties, powers of functional units and working relationships between units shall be prescribed by the Director of the Center.

The functions, tasks, powers and organizational structure of the affiliated units shall be developed by the Director of the Center and submitted to the Minister for decision.

3. The number of people working for the National Electronic Authentication Centre shall be decided by the Center's Director or submitted to the Minister for decision on the basis of the level of financial autonomy assigned as prescribed by law.

Thus, the leader of the National Electronic Authentication Centre includes the Director and Deputy Directors in Vietnam.

The Director is responsible before the Minister and before the law for the organization of the performance of the assigned functions, tasks and powers in Vietnam.

The Deputy Director assists the Director in directing and administering the Center's work areas, taking responsibility before the Director and the law for the performance of assigned tasks in Vietnam.

Does the National Electronic Authentication Centre have legal status?

According to Article 1 of Decision 26/QD-BTTTT in 2023, the position and functions of the National Center for Electronic Certification are as follows:

Location and function

The National Electronic Authentication Centre is a public non-business unit under the Ministry of Information and Communications, which has the function of managing and exploiting infrastructure for providing digital signature and authentication services, timestamp issuance and other services on electronic transactions as prescribed by law; is a national digital signature certification service provider (Root Certification Authority).

The National Electronic Authentication Centre has legal status, seal and account for transactions in accordance with the law, and its head office is located in Hanoi.

English transaction name: National Electronic Authentication Centre.

Short name: NEAC.

Pursuant to the above provisions in Vietnam, the National Electronic Authentication Centre has legal status, seal and account for transactions in accordance with the law.

Best regards!