With the strong development of technology, today’s transaction methods when participating in civil relations are gradually becoming more diverse. Therefore, to keep pace with these trends, the registration of digital signatures of businesses; is one of the very important issues in the digital transformation process. However, not everyone knows; What is the procedure for registering an enterprise’s digital signature? Through this article, let’s find out about this issue with Lawyer X.
Legal grounds
Decree 130/2018/ND-CP
What is a business digital signature?
According to the provisions of Clause 6, Article 3 of Decree 130/2018/ND-CP, a digital signature is defined as follows:
Enterprise digital signature is a form of electronic signature created by transforming a data message; using an asymmetric cryptosystem. Accordingly, the recipient receives the original data message; can confirm the identity and legal liability of the digitally signed business.
The above transformation is generated with the correct corresponding secret key; with the public key in the same key pair;
Content integrity of the data message since the above transformation is performed.
A digital signature acts as a business seal to confirm that this document belongs to the enterprise, the organization uses it to sign the reports and documents that the business or organization transacts and is recognized in terms of the digital signature. juridical.
Digital signatures are easily transferable, cannot be imitated by anyone, and are automatically timestamped. A digital signature ensures that the original document will be kept intact and that the signer cannot deny it later.
What is the function of a digital signature?
Enterprise digital signatures have important roles for businesses. Through the implementation of procedures for registering an enterprise’s digital signature, an enterprise can perform transactions or perform specific online public service transactions as follows:
Firstly, Digitally signing public transactions online:
Tax declaration, payment, Customs, Digital signature on E-Invoices, Social insurance, C/O declaration, business registration, business suspension procedures, information change… at the National Portal and administrative agencies, etc. online without having to deal with paper documents directly at the state agency’s office.
Secondly, Performing digital signatures in other transactions:
Transactions via electronic banking, electronic securities trading, electronic bidding; signing contracts with partners, transacting via email; videoconference or remote contract signing, data exchange between individuals – State organizations; or between state agencies in an online environment without having to make an appointment in person.
Dossier for carrying out procedures for registration of enterprise digital signature include:
- Notarized copy of business registration certificate or Notarized copy of operation license;
- A notarized copy of the enterprise’s tax registration certificate;
- Notarized copy of the legal representative’s identity card (or passport).
After that, after preparing all the above documents, the enterprise can proceed to submit it at the licensed agency; providing digital signature services such as Viettel, VNPT, etc. Thus, the fee level will also depend on each agency’s offering; as well as depending on the service package selected by your business.
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Conditions for applying for a license to provide enterprise digital signature services
In case, want to become enterprise; To provide public digital signature services, enterprises must satisfy certain conditions as prescribed by law. Specifically, according to the provisions of Article 13 of Decree 130/2018/ND-CP, the following conditions are prescribed:
Firstly, about the subject, carry out the registration procedures for a license to provide enterprise digital signature services
Is an enterprise established under Vietnamese law
Secondly, in terms of financial condition
Cash funds at domestic commercial banks must have from 05 billion dong; to be able to deal with the risks that may occur during the operation due to errors; of the provider of digital signature authentication services for businesses and payments; fees for receiving as well as maintaining the database of the organization or enterprise if the license is revoked.
Pay system maintenance fee. Pay the service fee to maintain the complete digital certificate status check system; (in case of license renewal).
Thirdly, about personnel
Enterprises must have personnel responsible for: System administration; operating the system and issuing digital certificates, ensuring the system’s information security
Personnel performing jobs must have a university degree or higher; majoring in information security or information technology or telecommunications
Finally, on technical for units carrying out registration procedures for licenses to provide enterprise digital signature services
Enterprises must satisfy the conditions on technical standards; is specified in Clause 4, Article 13 of Decree 130/2018/ND-CP as follows:
- Accurate and complete storage and update of subscriber’s information to support the issuance of digital certificates during the validity of digital certificates.
- Archive and update the complete list; exactly which digital certificates are valid, expired or temporarily suspended. Internet users have 24/7 online access to view information.
- Ensures that each key pair is generated only once and has a key secrecy feature.
- There is a feature to prevent or warn when detecting illegal access on the internet.
- Designed to minimize direct exposure to the internet environment;
- The system that distributes keys to subscribers must be secure and ensure the integrity of the key pair.
Dossier on registration of application for a license to provide digital signature services to organizations and enterprises shall be submitted to the Ministry of Information and Communications. Application processing time is 50 days from the time you submit a complete and valid application.
Frequently asked question:
According to the provisions of Article 11 of Decree 130/2018/ND-CP, the following conditions must be met:
Firstly, having a license to provide public digital signature authentication services issued by the Ministry of Information and Communications.
Secondly, Have a digital certificate issued by the National Digital Signature Certification Service Provider
According to the provisions of article 12 of Decree 13/2018/ND-CP, the term of the license is as follows: “The license granted to the organization providing the public digital signature certification service is valid for 10 years”
Within 50 days after receiving a valid license application, the Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Government Cipher Board and relevant ministries and branches in verifying the application. profile and grant licenses to enterprises in cases where the enterprises fully satisfy the licensing conditions in Article 13 of this Decree.
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