Dossier requesting the Recognition of Foreign Electronic Signatures and Foreign Electronic Signature Certificates in Vietnam from August 15, 2024

Dossier requesting the Recognition of Foreign Electronic Signatures and Foreign Electronic Signature Certificates in Vietnam from August 15, 2024​ (Image from the Internet)

On July 01, 2024, the Minister of Information and Communications issued Circular 06/2024/TT-BTTTT, providing regulations on the recognition of foreign electronic signature certification service providers in Vietnam; the recognition of foreign electronic signatures, and foreign electronic signature certificates in Vietnam.

Dossier for the recognition of foreign electronic signatures, foreign electronic signature certificates in Vietnam from August 15, 2024

Article 6 of Circular 06/2024/TT-BTTTT prescribes that the dossier for the recognition of foreign electronic signatures, foreign electronic signature certificates in Vietnam includes documents and explanatory papers proving compliance with the conditions stipulated in Clause 2, Article 26 of the Law on Electronic Transactions 2023. Specifically as follows:

- Application form as per Form No. 03 issued with Circular 06/2024/TT-BTTTT.

  Form No. 03 

- Technical documents proving that the foreign electronic signature, foreign electronic signature certificate meet technical standards and regulations on electronic signatures and electronic signature certificates as prescribed by Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a member.

- The foreign electronic signature certificate requesting recognition in Vietnam must contain the minimum information fields prescribed by Vietnamese law to facilitate the checking of the electronic signature certificate status in the trusted service system.

- The following documents to prove that the foreign electronic signature certificate is based on authenticated identification information of foreign organizations or individuals, including:

+ For Vietnamese organizations: Decision of establishment or decision stipulating functions, tasks, powers, and organizational structure, or business registration certificate or investment certificate and citizen ID card or personal identification card or identification certificate or passport of the legal representative of the organization; or using the electronic identity account of the organization.

+ For Vietnamese individuals: Identification card or electronic identification or identification certificate or passport or use a level-2 electronic identity account.

+ For foreign organizations: Documentation from competent Vietnamese authorities permitting lawful activities in Vietnam.

+ For foreign individuals: Passport with visa or documentation from competent Vietnamese authorities confirming lawful residence in Vietnam.

+ In case of authorized use of foreign electronic signatures, foreign electronic signature certificates, the authorized organization or individual must provide authorization documentation permitting the lawful use of electronic signatures, and the subscriber information granted the foreign electronic signature certificate must match the information in the authorization documentation.

- Notarized translations of the license or certification proving that the foreign electronic signature certification service provider issuing the foreign electronic signature certificate requesting recognition in Vietnam is legally established and operational in the registered country of operation.

- Individuals or organizations have the right to submit certified copies from the original book, certified copies, or present the original for comparison, or provide authenticated electronic data.

Procedures for the recognition of foreign electronic signatures, foreign electronic signature certificates in Vietnam from August 15, 2024

Article 7 of Circular 06/2024/TT-BTTTT prescribes the procedures for the recognition of foreign electronic signatures, foreign electronic signature certificates in Vietnam as follows:

- Organizations and individuals submit a dossier for the recognition of foreign electronic signatures, foreign electronic signature certificates in Vietnam, choosing direct or postal submission or online as guided as follows:

+ Send directly or via postal services to the Ministry of Information and Communications (National Electronic Authentication Service Provider), address: 18 Nguyen Du - Hai Ba Trung - Hanoi.

+ Submit online through the online public service system (National Public Service Portal, https://dichvucong.gov.vn or Public Service Portal of the Ministry of Information and Communications, https://dichvucong.mic.gov.vn).

+ Documents issued, recognized, or certified by foreign competent authorities must be consular legalized as prescribed by Vietnamese law (except in cases exempted from consular legalization as per laws on consular legalization) and notarized translations into Vietnamese.

- Within 30 days from the date of receipt of a complete and valid dossier, the Ministry of Information and Communications (National Electronic Authentication Service Provider) will cooperate with the Ministry of Public Security to review, evaluate the dossier, and check the foreign electronic signature certificate requesting recognition. In cases where information in documents needs verification, the recognition result issuance period will not exceed 65 days from the receipt of a valid dossier.

- If above conditions are met:

+ The Ministry of Information and Communications will issue the recognition certificate as per Form No. 04 issued with Circular 06/2024/TT-BTTTT.

  Form No. 04

+ The National Electronic Authentication Service Provider updates the recognized foreign electronic signature certificate to the trusted list and publishes it on the Trusted Service System.

- If the dossier does not meet the required conditions, the Ministry of Information and Communications will notify and state the reasons.

- In cases where individuals or organizations choose to carry out administrative procedures in the electronic environment, online public services, the receipt, processing of dossiers, and result delivery will be carried out in accordance with the Government of Vietnam's regulations on performing administrative procedures in the electronic environment, providing online public services by state agencies in the electronic environment, and electronic transaction laws.

See more in Circular 06/2024/TT-BTTTT, effective from August 15, 2024.

To Quoc Trinh

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