Issuance of Circular 06/2024/TT-BTTT on the recognition of organizations providing foreign electronic signature authentication services in Vietnam

Issuance of Circular 06/2024/TT-BTTT on the recognition of organizations providing foreign electronic signature authentication services in Vietnam

On July 1, 2024, the Minister of Information and Communications issued Circular 06/2024/TT-BTTT, which regulates the recognition of organizations providing foreign electronic signature authentication services in Vietnam. It also recognizes foreign electronic signatures and electronic signature authentication in Vietnam.

Circular 06/2024/TT-BTTT applies to organizations providing foreign electronic signature authentication services seeking recognition in Vietnam, foreign individuals and organizations, Vietnamese individuals and organizations who require electronic transactions with foreign individuals or organizations whose electronic signatures or electronic signature certificates provided by domestic service providers are not recognized in their respective countries. It also applies to related individuals and organizations involved in the recognition of organizations providing foreign electronic signature authentication services and the recognition of foreign electronic signatures and electronic signature authentication in Vietnam.

Circular 06/2024/TT-BTTT shall come into effect on August 15, 2024, except for the provisions stated in Article 10 of Circular 06/2024/TT-BTTT.

Issuance of Circular 06/2024/TT-BTTT on the recognition of organizations providing foreign electronic signature authentication services in Vietnam - image from internet

What documents are included in the application for recognition of organizations providing foreign electronic signature authentication services in Vietnam?

Based on the provisions of Article 3 of Circular 06/2024/TT-BTTT, the application for recognition of organizations providing foreign electronic signature authentication services in Vietnam must include the following documents, which demonstrate compliance with the conditions specified in Article 26 of the 2023 Law on Electronic Transactions:

- A written request for recognition of the organization providing foreign electronic signature authentication services, using the template specified in Form 01 issued with Circular 06/2024/TT-BTTT.

- Legally legalized and notarized translation documents of the consular legalization certificate or certificate proving the legal establishment and operation in the country of registration. A commitment document valid within 6 months prior to the date of submission is also required.

- A notarized translation document of the Technical Audit Report of the Electronic Signature Authentication Service Provider System, conducted by a legally operating auditing organization in the country of registration within 6 months prior to the date of submission.

- Documents and evidence proving compliance with the provisions stated in point b, clause 1 of Article 26 of the 2023 Law on Electronic Transactions, including:

+ At least one foreign electronic signature certificate, accompanied by the subscriber's registration documents.

+ Documents proving the regulations on subscriber records and the process of verifying and authenticating subscriber identification information.

- Foreign electronic signature certificates with legal validity, updated status in the Trusted Service Authentication System of the national electronic signature authentication service provider organization.

Updating the status of foreign electronic signature certificates according to the technical guidelines of the national electronic signature authentication service provider organization.

The fields of information on foreign electronic signature certificates must include at least the required information as specified by Vietnamese law to facilitate the verification of the status of foreign electronic signature certificates on the Trusted Service Authentication System.

- A valid copy of the Certificate of Registration of the representative office in Vietnam.

Where shall the application for recognition of organizations providing foreign electronic signature authentication services in Vietnam be submitted?

Based on the provisions of Clause 1 Article 7 of Circular 06/2024/TT-BTTT, organizations and individuals are required to submit their application for recognition of organizations providing foreign electronic signature authentication services in Vietnam to the Ministry of Information and Communications through one of the following methods:

- Submitting directly or by post to the Ministry of Information and Communications (the national electronic signature authentication service provider organization), at 18 Nguyen Du, Hai Ba Trung, Hanoi.

- Submitting online through the online public service system (the national public service portal, https://dichvucong.gov.vn or the Ministry of Information and Communications' public service portal, https://dichvucong.mic.gov.vn).

Note: Documents issued, recognized, or certified by competent foreign authorities must be legally legalized through consular procedures according to Vietnamese law (except for cases exempted from consular legalization as stipulated by the law on consular legalization) and must be officially translated into Vietnamese through notarized translation.