What is civil cryptography? 05 things you need to know about civil cryptographic products and services in Vietnam

What is civil cryptography? 05 things you need to know about civil cryptographic products and services in Vietnam (Source: Internet)

1. What is civil cryptography?

According to Clause 18, Article 3 of the Law on Cyberinformation Security 2015, civil cryptography means cryptographic techniques and products used to keep secret or authenticate information not classified as state secret.

2. Civil cryptographic products and services in Vietnam

Civil cryptographic products and services under Article 30 of the Law on Cyberinformation Security 2015 are as follows:

- Civil cryptographic products include cryptographic documents and technical and professional equipment used to protect information not classified as state secret.

- Civil cryptographic services include services of protection of information using civil cryptographic products; inspection and assessment of civil cryptographic products; and counseling on cyberinformation confidentiality and security using civil cryptographic products.

3. Trading in civil cryptographic products and services in Vietnam

Trading in civil cryptographic products and services according to Article 31 of the Law on Cyberinformation Security 2015 stipulates as follows:

- An enterprise that wishes to trade in civil cryptographic products and services on the list of civil cryptographic products and services shall obtain a license for doing so.

- An enterprise shall be granted a license for trading in civil cryptographic products and services when fully meeting the following conditions:

+ Having managerial, administration and technical staff members who meet professional requirements on information confidentiality and security;

+ Having equipment and physical foundations suitable to the scale of provision of civil cryptographic products and services;

+ Having a technical plan conformable with standards and technical regulations;

+ Having a cyberinformation confidentiality and security plan in the course of management and provision of civil cryptographic products and services;

+ Having an appropriate business plan.

- Civil cryptographic products shall be inspected and certified as conformable with regulations before being marketed.

- To obtain a license for trading in civil cryptographic products and services, an enterprise shall pay a fee in accordance with the law on charges and fees.

4. Order and procedures for grant of licenses for trading in civil cryptographic products and services in Vietnam

Order and procedures for grant of licenses for trading in civil cryptographic products and services in Vietnam under Article 32 of the Law on Cyberinformation Security 2015 are as follows

- An enterprise applying for a license for trading in civil cryptographic products and services shall submit a dossier of application for a license at the Government Cipher Committee.

- A dossier of application for a license for trading in civil cryptographic products and services shall be made in two sets, each comprising:

+ An application for a license for trading in civil cryptographic products and services;

+ A copy of the enterprise registration certificate, investment registration certificate or another paper of equivalent validity;

+ Copies of information confidentiality and security diplomas or certificates of managerial, administration and technical staff members;

+ A technical plan, consisting of papers on technical characteristics and specifications of products; standards or technical regulations of products; standards and quality of services; technical measures and solutions; and product waưanty and maintenance plan;

+ A cyberinformation confidentiality and security plan in the course of management and provision of civil cryptographic products and services;

+ A business plan, indicating the scope of provision and recipients of products and services, scale and quantity of products and services, customer service networks, and technical assurance.

- Within 30 days after receiving a complete dossier, the Government Cipher Committee shall appraise it and grant a license for trading in civil cryptographic products and services; if refusing to grant a license, it shall issue a written notice clearly stating the reason.

- A license for trading in civil cryptographic products and services shall be valid for 10 years

5. Export and import of civil cryptographic products in Vietnam

According to Article 34 of the Law on Cyberinformation Security 2015, the export and import of civil cryptographic products are as follows:

-  If wishing to export and import civil cryptographic products on the list of civil cryptographic products subject to export and import permit, an enterprise must obtain a permit for export and import of civil cryptographic products from a competent state agency.

- An enterprise shall be granted a permit for export and import of civil cryptographic products when fully meeting the following conditions:

+ Possessing a license for trading in civil cryptographic products and services;

+ Having to-be-imported civil cryptographic products certified and announced as conformable with regulations under Article 39 of this Law;

+ Ensuring that users and use purposes of civil cryptographic products do not harm national defense and security or social order ad safety.

- A dossier of application for a permit for export and import of civil cryptographic products must comprise:

+ An application for a permit for export and import of civil cryptographic products;

+ A copy of the license for trading in civil cryptographic products and services;

+ A copy of the regulation conformity certificate, for civil cryptographic products to be imported.

- Within 10 working days after receiving a complete dossier, the Government Cipher Committee shall appraise it and grant a permit for export and import of civil cryptographic products to the enterprise; if refusing to grant a license, it shall issue a written notice clearly stating the reason.

Quoc Dat

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