Sample contract for providing digital signature authentication and agent services in Vietnam

Sample contract for providing digital signature authentication and agent services in Vietnam (Image from the Internet)

In Appendix I issued with Circular 31/2020/TT-BTTTT (Effective from December 25, 2020) on the regulations on the standard contract between the organization providing public digital signature authentication services and agents, specifically:

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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AGENCY CONTRACT

PUBLIC DIGITAL SIGNATURE AUTHENTICATION SERVICES

No: ........

[PART 1. REFERENCES]

Based on the Civil Code dated November 24, 2015;

Based on the Commercial Law dated June 14, 2005;

Based on the Law on Electronic Transactions dated November 29, 2005;

Based on Decree 130/2018/NĐ-CP dated September 27, 2018 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature authentication services;

Other relevant legal bases;

Today, day ....... month ........year..., in ........................................................., we, including:

1. [Organization providing public digital signature authentication services] (Party A):

Headquarters address: ..................................................................................................................

Phone: ....................................... Fax: ........................................................................

Account: ........................................ Tax code: .............................................................

Representative: ................................ Position: ....................................................................

2. [Name of public digital signature authentication service agent] (Party B):

Headquarters address: ..................................................................................................................

Phone: ....................................... Fax: ........................................................................

Account: ........................................ Tax code: .............................................................

Representative: ................................ Position: .................................................................

...

[PART 2. MANDATORY CONTENT (related to the provision of public digital signature authentication services)]

The agency contract is made in writing with the following agreed contents:

Article. Contract content

1. General information

- Type of digital certificate that the agent is allowed to participate in providing

- Steps in the process of issuing digital certificates of the organization providing public digital signature authentication services that the agent is authorized to perform.

2. Agency form

The two parties choose the agency form as exclusive agency or exclusive distributor or general distributor of goods, service supply or other agency forms agreed upon by both parties.

Article. Rights and obligations

1. Rights and obligations of Party A

a) Temporarily suspend, revoke the digital certificate of subscribers when discovering invalid, inaccurate, or dishonest subscriber documents or information.

b) Temporarily suspend issuing new digital certificates to subscribers when discovering errors in their service supply system that may affect the rights and interests of subscribers and recipients.

c) Be responsible for inspecting and supervising the operating conditions of the public digital signature authentication service agent:

- Be a trader including legally established economic organizations, individuals engaged in independent commercial activities, regularly and registered for business.

- Have a specific address of the transaction headquarters.

- Have an agency contract with the organization providing public digital signature authentication services.

d) Be responsible for inspecting and supervising the public digital signature authentication service agent

- Provide complete guidance on the documents and procedures for requesting the issuance of digital certificates to subscribers.

- Publicly post the process of issuing digital certificates at the agent's headquarters.

- Ensure a 24-hour channel of information reception for subscriber requests.

e) Other rights and obligations (if any).

2. Rights and obligations of Party B

a) Perform the rights and obligations of the agent as prescribed by the commercial law.

b) Provide complete guidance on the documents and procedures for requesting the issuance of digital certificates to subscribers.

c) Publicly post the process of issuing digital certificates at the agent's headquarters.

d) Ensure a 24-hour channel of information reception for subscriber requests.

e) Be responsible for reporting upon request from competent authorities to serve the state management of digital signature authentication services.

f) Other rights and obligations (if any).

Article. Payment method between Party A and Party B

- Cash/bank transfer

- Payment deadline

Article. Agency term

(The two parties agree upon)

Article. Dispute resolution and compensation for damages

1. Agencies or organizations that violate the law in electronic transactions shall be subject to administrative penalties or suspension of activities, depending on the nature and extent of the violation. If damages are caused, compensation must be made in accordance with the law.

2. The parties may resolve disputes in electronic transactions through reconciliation as provided for in the Law on Electronic Transactions and related laws.

PART 3. OTHER AGREEMENTS (in compliance with the legal provisions on civil and commercial matters)

...................................................................................................................................

...................................................................................................................................

Best Regards!