What is digital signature? What is the legal validity of digital signatures in Vietnam? – Hoang Linh (Binh Phuoc, Vietnam)
What is digital signature? Conditions to ensure security for digital signatures in Vietnam (Internet image)
Digital signature means a form of electronic signature created by the transformation of a data message using an asymmetric cryptography in which those who have initial data messages and the public key of the signer can be determined exactly:
- The above transformation is created by the correct private key corresponding to public key in the same key pair;
- The integrity of the content of data messages since the implementation of the mentioned above transformation.
(Clause 6, Article 3 of Decree 130/2018/ND-CP)
The digital signatures are considered as secured electronic signatures if they meet the following conditions:
- The digital signatures are created during the valid period of digital certificates and inspected by the public key recorded on such valid digital certificates.
- The digital signatures are created by using the private key corresponding to public key recorded on digital certificates granted by one of the following authorities:
+ Root Certification Authority;
+ Specialized certification authorities of the Government;
+ Public certification authorities;
+ Specialized certification authorities of agencies and organizations issued with certificates of eligibility for special-use digital signature security as prescribed in Article 40 of Decree 130/2018/ND-CP.
- Private Key is only under the control of the signer at the time of signing.
(Article 9 of Decree 130/2018/ND-CP)
- Where the law defines that a document required to be signed, the requirement for a data message is considered as met if the data message is signed with digital signature and such digital signature is adequately secured as prescribed in Section 2.
- Where the law defines that a document required to be stamped by the agency, organization, such requirement for a data message is considered as met if the data message is signed by digital signature of the agency or organization and such digital signature is adequately secured as prescribed in Section 2.
- Foreign digital signatures and digital certificates licensed in Vietnam as prescribed in Chapter V of Decree 130/2018/ND-CP are legally valid and effective as digital signatures and digital certificates granted by public certification authorities of Vietnam.
(Article 8 of Decree 130/2018/ND-CP)
Authentication of digital signatures means a service type of electronic signature authentication provided by the certification authority to authenticate that the subscriber digitally signed the data message. Authentication of digital signatures includes:
- Creation or support for creation of a key pair including public key and private key for subscribers.
- Issuance, renewal, suspension, revalidation and revocation of the subscribers’ digital certificates.
- Online maintenance of database of digital certificates.
- Provision of necessary information to authenticate digital signatures digitally signed in data message by subscribers.
(Article 4 of Decree 130/2018/ND-CP)
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