Conditions for granting a license to use foreign digital certificates

by DungTran

What is a foreign digital certificate? Conditions for granting a license to use foreign digital certificates. Verification of documents and issuance of licenses to use foreign digital certificates in Vietnam. Let us learn about this topic with LSX Law firm below:

Decree 130/2018/ND-CP

What is a foreign digital certificate?

A foreign digital certificate is a digital certificate; issued by a foreign digital signature certification service provider (Clause 10, Article 3 of Decree 130/2018/ND-CP).

Conditions and subjects using foreign digital certificates

Conditions for using foreign digital certificates:

Firstly, The digital certificate is still valid.

Secondly, Licensed by the Ministry of Information and Communications for use in Vietnam or accepted in international transactions.

In case of using foreign digital certificates for servers and software does not require a license.

Besides, subjects using foreign digital certificates:

Foreign organizations and individuals in Vietnam.

Furthermore, Vietnamese organizations and individuals demand electronic transactions with foreign partners whose digital certificates of domestic digital signature certification service providers have not been recognized in that country. 

Conditions for granting a license to use foreign digital certificates

Article 46 of Decree 130/2018/ND-CP stipulates the conditions for granting licenses to use foreign digital certificates as follows:

For subscribers using foreign digital certificates in Vietnam:

a) Being eligible to use foreign digital certificates

b) Having one of the following documents to authenticate the information on the digital certificate:

Firstly, Certificate of enterprise registration or investment certificate or decision on establishment or decision defining functions, tasks, and powers of the organization; identity card or citizen identification or passport for individuals;

Secondly, A document of a competent authority permitting a foreign organization; or individual to lawfully operate in Vietnam, for subscribers being foreign organizations and individuals;

Moreover, In case of authorization to use digital certificates, there must be authorization to allow digital certificates legally. The subscriber’s information to be granted digital certificates must be consistent with the authorization or permission document information.

For organizations providing foreign digital signature certification services with digital certificates recognized in Vietnam

Legally established and operating in the country where the foreign digital signature certification service provider registers to operate;

In addition, Satisfy the list of mandatory standards for digital signatures and digital signature authentication services issued by the Ministry of Information and Communications; or international standards on digital signatures determined by the Ministry of Information and Communications to have equivalent information security;

Besides, Being certified by an auditing firm that its professional operations comply with reputable international digital signature certification services standards. 

Application for a license to use foreign digital certificates

Article 47 of Decree 130/2018/ND-CP stipulating the application for a license to use foreign digital certificates in Vietnam, including:

Firstly, The subscriber’s application for a license to use foreign digital certificates in Vietnam, made according to Form No. 14 in the Appendix to this Decree.

Secondly, Documents explaining and proving satisfaction of conditions for using foreign digital certificates.

Thirdly, A valid copy of the contract (or agreement) on using foreign digital certificates between the subscriber; and the foreign digital certificate provider or the subscriber’s identification document; is the legal user of the foreign digital certificate.

Finally, A commitment to using foreign digital certificates in Vietnam complies with Vietnamese law on digital signatures and authentication services. 

Verification of documents and issuance of licenses to use foreign digital certificates in Vietnam

Within 30 working days from the date of receipt of a valid dossier from an organization or individual applying for a license to use foreign digital certificates in Vietnam; the Ministry of Information and Communications shall verify the dossier.

In case the application meets the prescribed conditions, the Ministry of Information and Communications shall grant a license to use foreign digital certificates in Vietnam. The form of a license to use foreign digital certificates in Vietnam, according to Form No. 15 in the Appendix issued together with Decree 130.

In case the conditions are not satisfied, the Ministry of Information and Communications shall notify in writing and clearly state the reason.

Change, reissue the license to use foreign digital certificates in Vietnam

This content is in Article 49 of Decree 130/2018/ND-CP, specifically:

Changes to the content of the license to use foreign digital certificates in Vietnam shall be made if the licensee changes the transaction name; the legal representative of the organization, or the type of change a digital certificate.

A dossier of application for change of license content includes a change of license content; a report detailing the proposed content of change, and relevant documents (if any).

Within ten working days after receiving a complete dossier, the Ministry of Information and Communications shall verify and change the licensed content for the applicant; In case of refusal, it must notify in writing and clearly state the reasons therefor.

In case the license is lost or damaged; the user of the foreign digital certificate shall apply re-issuance of the license, clearly stating the reason, to the Ministry of Information and Communications. Within 07 working days from receiving the application, the Ministry of Information and Communications shall consider and reissue the license to the applicant.

The term of the modified license and the reissued license is the remaining term of the issued license. 

Finally, hope this article is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: 0833102102.

Related questions 

What are the obligations of organizations and individuals licensed to use foreign digital certificates in Vietnam?

– Use digital certificates under the scope stated in the license to use foreign digital certificates in Vietnam.
– Report when there is an incident or upon request about using foreign digital certificates in Vietnam to the Ministry of Information and Communications.
Foreign digital certificates accepted in international transactions are foreign digital certificates whose subscribers are not present in Vietnam, valid on data messages sent to Vietnamese agencies and organizations. Male.
Agencies, organizations, and individuals select and take responsibility for accepting foreign digital certificates accepted in international transactions. 

What is a digital certificate?

A digital certificate is an electronic certificate issued by an organization providing digital signature authentication services to provide identifying information for the public key of an agency, organization, or individual. This confirms that the agency, organization, or individual is signing the digital signature by using the corresponding secret key.

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