Procedures for recognition of foreign digital signature authentication service providers in Vietnam

Procedures for recognition of foreign digital signature authentication service providers in Vietnam (Image from Internet)

On July 25, 2024, the Minister of Information and Communications issued Decision 1258/QD-BTTTT to announce newly issued administrative procedures in the field of information and electronic technology under the management scope of the Ministry of Information and Communications.

Among them is a regulation on the procedure for recognizing foreign digital signature authentication service providers in Vietnam.

Procedures for recognition of foreign digital signature authentication service providers in Vietnam

The procedures for recognizing foreign digital signature authentication service providers in Vietnam are regulated as follows:

(1) Implementation steps:

- A foreign digital signature authentication service provider submits an application for recognition to the Ministry of Information and Communications (documents issued, recognized, or certified by a foreign competent authority must be consular legalized according to Vietnamese law (unless exempted according to consular legalization law) and translated into Vietnamese and notarized).

- Within 45 days from the date of receiving a valid application, the Ministry of Information and Communications (the National digital signature authentication Service Provider) will cooperate with the Ministry of Public Security to review, evaluate the application, and check the status of the electronic signature certificate of the provider applying for recognition in Vietnam.

- If all conditions are met:

+ The Ministry of Information and Communications issues a recognition certificate for the foreign digital signature authentication service provider in Vietnam. The recognition certificate is issued according to Form No. 02 attached to Circular 06/2024/TT-BTTTT.

+ The National digital signature authentication Service Provider recognizes the electronic signature certificate of the foreign service provider recognized in Vietnam and publishes the certificate on the Trust Service Certification System.

- If conditions are not met, the Ministry of Information and Communications will notify and specify the reason.

- If the procedure is carried out electronically or through online public services, the reception, processing, and result delivery will be implemented according to the regulations of the Government of Vietnam regarding the execution of administrative procedures electronically and the provision of online public services by state agencies in the electronic environment and electronic transaction law.

(2) Dossier components include:

- An application form for recognition of the foreign digital signature authentication service provider according to Form No. 01 attached to Circular 06/2024/TT-BTTTT dated July 01, 2024.

- Consular legalized and translated copies, notarial translations of the license or certificate proving the legal establishment and operation in the registered country; A commitment to operating within six months before the application submission date.

- Notarized translation of the technical audit report of the digital signature authentication service system from a legally operating audit organization in the registered country within six months before the application submission date.

- Documents proving compliance with point b, clause 1, Article 26 of the Electronic Transactions Law, including: technical documents proving that the foreign electronic signature and electronic signature certificate provided by the foreign certification service provider meet Vietnamese legal standards and specifications, 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, including:

+ At least one foreign electronic signature certificate of a subscriber with associated registration documents.

+ Documents proving the existence of regulations on subscriber records, procedures for verifying and authenticating subscriber information.

- The foreign electronic signature certificate must be legally valid and updated on the Trust Service Certification System by the foreign digital signature authentication service provider.

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

More details can be found in Decision 1258/QD-BTTTT which comes into force in Vietnam from July 25, 2024.

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