| THE MINISTER OF INFORMATION AND COMMUNICATIONS ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 37/2009/TT-BTTTT | Hanoi, December 14, 2009 |
CIRCULAR
PRESCRIBING DOSSIERS AND PROCEDURES FOR LICENSING, REGISTRATION AND ACCREDITATION OF INSTITUTIONAL PROVIDERS OF DIGITAL SIGNATURE CERTIFICATION SERVICES
THE MINISTER OF INFORMATION AND COMMUNICATIONS
Pursuant to the November 29, 2005 Law on E- Transactions;
Pursuant to the Government's Decree No. 26/2007/ND-CP of February 15, 2007, detailing the Law on E-Transactions regarding digital signatures and digital signature certification services;
Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;
At the proposal of the director of the Deparment for Information Technology Application,
Pursuant to the Government's Decree No. 26/2007/ND-CP of February 15, 2007, detailing the Law on E-Transactions regarding digital signatures and digital signature certification services;
Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;
At the proposal of the director of the Deparment for Information Technology Application,
STIPULATES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular prescribes dossiers and procedures for licensing, registration and accreditation of institutional providers of digital signature certification services, including:
1. Licensing of provision of public digital signature certification services;
2. Suspension or revocation of licenses for provision of public digital signature certification services;
3. Issuance of digital certificates to institutional providers of public digital signature certification services;
4. Registration of operation of institutional providers of specialized digital signature certification services;
5. Issuance of certificates of qualification to assure safety for digital signatures;
6. Recognition of foreign digital signatures and certificates.
Article 2. Subjects of application
This Circular applies to organizations providing public digital signature certification services; authorities and organizations providing specialized digital signature certification services; and foreign organizations providing digital signature certification services which apply for digital signature recognition papers and digital certificates in Vietnam.
Chapter II
SPECIFIC PROVISIONS
Section 1. DOSSIERS
Article 3. Dossiers of application for licenses for provision of public digital signature certification services
1. A dossier of application for a license for provision of public digital signature certification services as specified in Article 16 of Decree No. 26/2007/ND-CP comprises:
a/ An application for a license, made according to a set form provided in Appendix I to this Circular;
b/ Certification rules compliant with Decision No. 59/2008/QD-BTTTT of December 31, 2008, promulgating the list of standards compulsorily applicable to digital signatures and digital signature certification services;
c/ Detailed information on personal identity, qualifications, degrees and diplomas of the head, the person responsible for management of the system of service-providing equipment, the person in charge of issuance of digital certificates and other relevant staff members.
2. A dossier of application for modification of a license as specified in Clause 2, Article 18 of Decree No. 26/2007/ND-CP comprises:
a/ An application for modification of a license, made according to a set form provided in Appendix II to this Circular;
b/ A report on operation, covering the general situation, number of issued digital certificates classified, number of revoked digital certificates and total number of valid digital certificates classified according to their types.
3. In case of application for re-issuance of licenses under Clause 5, Article 18 of Decree No. 26/2007/ND-CP, applications for re-issuance of licenses shall be made according to a set form provided in Appendix III to this Circular.
4. A dossier of application for extension of a license as specified in Clause 2, Article 19 of Decree No. 26/2007/ND-CP comprises:
a/ An application for extension of a license for provision of public digital signature certification services, made according to a set form provided in Appendix IV to this Circular;
b/ A copy of the license for provision of public digital signature certification services which remains valid for at least 60 days from the date of submission of the dossier;
c/ A report on service provision in the last 3 years under Point b. Clause 2 of this Article.
Article 4. Dossiers of application for digital certificates for institutional providers of public digital signature certification services
Such a dossier comprises:
1. A copy of the license for provision of public digital signature certification services issued by the Ministry of Information and Communications.
2. The papers specified in Article 21 of Decree No. 26/2007/ND-CP, including:
a/ An application for a digital certificate, made according to a set form provided in Appendix V to this Circular.
b/ The papers specified in certification rules of the Root Certification Authority of digital signature certification services posted on its website at http://www.rootca.gov.vn .
3. A request for issuance of a digital certificate in electronic form, made according to the digital signature standards promulgated by the Ministry of Information and Communications. Such a request must be made by the institutional provider of public digital signature certification services and compatible with its key pair.
Article 5. Dossiers for registration of operation of institutional providers of specialized digital signature certification services
Such a dossier comprises:
1. An application for registration of operation of the institutional provider of specialized digital signature certification services, made according to a set form provided in Appendix VI to this Circular.
Contents of registration of operation of institutional providers of specialized digital signature certification services comply with Article 46 of Decree No. 26/2007/ND-CP.
2. Documents evidencing that entities provided with services have the same operational characteristics or working purposes and associated with one another by their operation rules or a legal document which defines their common organizational structure or forms of association and operation satisfying the requirements specified in Clause 2, Article 4 of Decree No. 26/2007/ND-CP.
Article 6. Dossiers of application for certificates of qualification to assure safety for digital signatures of institutional providers of specialized digital signature certification services
A dossier application for a certificate of qualification to assure safety for digital signatures complies with Article 49 of Decree No. 26/2007/ND-CP and comprises:
1. An application for a certificate, made according to the form provided in Appendix VII to this Circular.
2. The Ministry of Information and Communications' written approval of the registration of operation of the institutional provider.
3. Detailed information on personal identity, qualifications, degrees and diplomas of the head, the person responsible for management of the service-providing equipment system, the person in charge of issuance of digital certificates and other relevant staff members.
Article 7. Dossiers of application for papers of recognition of foreign digital signatures and certificates
A dossier of application for a paper of recognition of foreign digital signatures and certificates complies with Article 53 of Decree No. 26/2007/ND-CP and comprises:
1. An application for recognition of foreign digital signatures and certificates, made according to a set form provided in Appendix VIII to this Circular.
2. The original full text and a Vietnamese translation of the bilateral treaty providing the recognition of foreign signatures and certificates to which Vietnam has signed or acceded with the country where the institutional provider of digital signature certification services has registered its operation.
3. A valid copy (notarized or otherwise legally certified) of the license or the certificate of qualification for provision of digital signature certification services in the host country.
4. A certificate of operation of the institutional provider of digital signature certificate services issued by a competent authority of the host country within 3 months before the date of submission of the registration dossier.
5. Technical documents proving that the reliability of digital signatures and certificates issued by the foreign institutional provider of digital signature certificate services is not lower than that of digital signatures and certificates issued by a Vietnamese institutional provider of public digital signature certification services and at least satisfies the standards on the list of standards compulsorily applicable to digital signatures and digital signature certification services promulgated by the Ministry of Information and Communications.
6. A valid copy of the license for a Vietnam-based representative office.
Section 2. ORDER AND PROCEDURES
Article 8. Procedures for licensing provision of public digital signature certification services
1. Submission and receipt of dossiers
Organizations applying for licenses for provision of public digital signature certification services (issuance of new licenses, modification, re-issuance or extension of issued licenses) shall send their dossiers by post to or directly file them with the Ministry of Information and Communications (the Department for Information Technology Application), at 18 Nguyen Du street, Hai Ba Trung district, Hanoi.
Within 5 working days after receiving a dossier, the Ministry of Information and Communications shall examine the validity of the dossier. In case of an invalid dossier, the Ministry of Information and Communications shall notify such in writing to the applicant for modification or supplementation of the dossier.
