Application for recognizing foreign organization providing certification service of electronic signature in Vietnam from August 15, 2024

Application for recognizing foreign organization providing certification service of electronic signature in Vietnam from August 15, 2024 (Internet image)

On July 1, 2024, the Minister of Information and Communications (Hanoi, Vietnam) issued Circular 06/2024/TT-BTTTT, which stipulates the recognition of foreign organizations providing certification service of electronic signature in Vietnam; recognizing foreign electronic signatures, foreign electronic signature certificates in Vietnam.

Application for recognizing foreign organization providing certification service of electronic signature in Vietnam

The application for recognizing foreign organization providing certification service of electronic signature in Vietnam includes explanatory materials and evidence proving the fulfillment of the conditions specified in Clause 1, Article 26 of the Electronic Transactions Law 2023.

To be specific:

-A written request for recognition of the foreign electronic signature authentication service provider according to the form at Form No. 01 issued together with Circular 06/2024/TT-BTTTT.

-Legalized documents and certified translations of licenses or certificates proving legal establishment and operation in the country of registration; a commitment that it has been operating within the last 06 months before submitting the dossier.

-Certified translations of the technical audit report of the electronic signature authentication service system from an auditing organization legally operating in the country of registration within the last 06 months before submitting the dossier.

-Documents proving compliance with Clause 1, Article 26 of the Electronic Transactions Law 2023 including:

Documents and technical materials proving that the foreign electronic signature, foreign electronic signature certificate provided by the foreign electronic signature authentication service provider complies with the standards and technical regulations on electronic signatures, electronic signature certificates according to Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a member.

- Documents proving compliance with point c, Clause 1, Article 26 of the Electronic Transactions Law 2023 including:

• At least 01 foreign electronic signature certificate of the subscriber along with the subscriber’s registration documents.

• Documents proving the existence of subscriber records, regulations on the process of verifying and authenticating subscriber identification information.

-The foreign electronic signature certificate must be legally valid and continuously updated by the foreign electronic signature authentication service provider to the trusted service management system of the national electronic signature authentication service provider. The status update of the foreign electronic signature certificate follows the technical guidelines of the national electronic signature authentication service provider.

The information fields on the foreign electronic signature certificate must include the minimum information required by Vietnamese law to check the status of the foreign electronic signature certificate on the trusted service management system.

- A valid copy of the operation registration certificate of the representative office in Vietnam.

(Article 3 of Circular 06/2024/TT-BTTTT)

Time limit for recognizing foreign organization providing certification service of electronic signature in Vietnam

Time limit for recognizing foreign organization providing certification service of electronic signature in Vietnam shall be according to the service provision license of that organization in the home country and not exceed the validity period of the organization’s electronic signature certificate.

In case of information changes leading to changes in the electronic signature certificate of the recognized foreign electronic signature authentication service provider in Vietnam, the foreign electronic signature authentication service provider must report the changes and request re-recognition of the electronic signature certificate according to the dossier and procedures outlined in Articles 3 and 4 of Circular 06/2024/TT-BTTTT.

(Article 5 of Circular 06/2024/TT-BTTTT)

More details can be found in Circular 06/2024/TT-BTTTT effective in Vietnam from August 15, 2024, except as provided in Article 10 of Circular 06/2024/TT-BTTTT.

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