Conditions for issuance of license to use foreign digital certificate in Vietnam as of May 9, 2024

Conditions for issuance of license to use foreign digital certificate in Vietnam as of May 9, 2024 (Internet image) 

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

On May 9, 2024, the Government issued Decree 48/2024/ND-CP amending and supplementing a number of articles of Decree 130/2018/ND-CP elaborating Law on E-transactions regarding digital signatures and authentication of digital signatures, including amendments to regulations on conditions for granting licenses to use foreign digital certificates in Vietnam.

Conditions for issuance of license to use foreign digital certificate in Vietnam as of May 9, 2024

Specifically, the conditions for issuance of license to use foreign digital certificate in Vietnam are specified as follows:

(1) With regard to subscribers using foreign digital certificates in Vietnam:  

- Being eligible entities prescribed in Article 44 of Decree 130/2018/ND-CP, including:

+ Foreign entities in Vietnam.

+ Vietnamese entities who need to make electronic transactions with partners in a foreign country but digital certificates of local certification authorities have not been recognized in such country.

- Have any of the following documents or an electronic identity account for verifying information on the digital certificate:

+ Enterprise registration certificate, investment certificate, establishment decision or decision prescribing functions, tasks, powers and organizational structure of the organization; ID card, citizen identity card or passport of the individual;

+ The individual’s level-2 electronic identity account; the organization's electronic identity account;

+ A document given by a competent authority to allow the foreign organization or foreigner to lawfully operate in Vietnam, if the subscriber is a foreign organization or foreigner;

+ In case of authorization to use the digital certificate, a lawful authorization to use the digital certificate is required, and the information on the subscriber issued with the digital certificate must match that in the authorization.

(2) With regard to a foreign certification authority with digital certificates being accepted in Vietnam

- Being established and operating legally at the country that the foreign certification authority has registered operation;

- Satisfying the list of applicable mandatory standards regarding digital signatures and certification service of digital signatures promulgated by the Ministry of Information and Communications, or international standards regarding digital signatures which are defined as having an equal information safety level  by the Ministry of Information and Communications;

- Being certified by an audit firm that professional operations abide by the prestigious international standards on authentication of digital signatures.

Conditions for using foreign digital certificates in Vietnam

Conditions for using foreign digital certificates in Vietnam include:

 - The digital certificate is still valid.

- It is licensed by the Ministry of Information and Communications for use in Vietnam and accepted in international transactions. If a foreign digital certificate is used for servers and software, no license is required.

(Article 43 of Decree 130/2018/ND-CP)

Application for issuance of license to use foreign digital certificate in Vietnam

The application for issuance of license to use foreign digital certificate in Vietnam includes:

- An application for issuance of license to use foreign digital certificate in Vietnam using Form No. 14 in Appendix issued herewith.

- Proof of satisfaction of the conditions specified in Article 46 of this Decree.

- Valid copies of contract of (or agreement) on use of foreign digital certificate between the subscriber and foreign certification authority or a document proving that the subscriber is the legal end-user of the foreign digital certificate.

- A commitment to comply with Vietnamese law on digital signatures and authentication of digital signatures when using the foreign digital certificate in Vietnam.

(Article 47 of Decree 130/2018/ND-CP)

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