Decree No. 170/2013/ND-CP Law on E-transaction of digital signatures and digital signatures certification service

 THE GOVERNMENT

Decree No. 170/2013/ND-CP dated November 13, 2013 of the Government on amending and supplementing several articles of Government’s Decree No. 26/2007/ND-CP dated February 15, 2007, detailing implementation of Law on E-transaction of digital signatures and digital signatures certification service and Government’s Decree No. 106/2011/ND-CP dated November 23, 2011, amending and supplementing several articles of Decree No. 26/2007/ND-CP dated February 15, 2007

Pursuant to the December 25, 2001 Law on Organization of Government;

Pursuant to the November 29, 2005 Law on E-transactions;

At the proposal of Minister of Information and Communications,

The Government promulgates Decree amending and supplementing several articles of Government’s Decree No. 26/2007/ND-CP dated February 15, 2007, detailing implementation of Law on E-transactions of digital signatures and digital signature certification service and Government’s Decree No. 106/2011/ND-CP dated November 23, 2011, amending and supplementing several articles of Decree No. 26/2007/ND-CP dated February 15, 2007.

Article 1. To amend and supplement several articles of Government’s Decree No. 26/2007/ND-CP dated February 15, 2007, detailing implementation of Law on e-transactions of digital signatures and digital signature certification service

1. To supplement Clauses 18, 19, 20 and 21 into behind Clause 17 Article 3 as follows:

“18. The recognized foreign digital certificate and digital signature mean digital certificate and digital signature granted by foreign organizations providing certification service of digital signatures which have been recognized by the Ministry of Information and Communications.

19. The foreign digital certificate being accepted in Vietnam is digital certificate not yet been recognized in Vietnam but licensed for use by the Ministry of Information and Communications.

20. The foreign digital signature being accepted in Vietnam is digital signature which is created by key pair corresponding to a foreign certificate already accepted in Vietnam.

21. The foreign digital certificate accepted in international transactions means foreign digital certificate of foreign subscriber not presenting in Vietnam and taking effect on data messages sent to partners being Vietnamese agencies or organizations.”

2. To supplement Points g, h, i and k into behind Point e Clause 1 Article 6 as follows:

“g) Conducting management of foreign subscribers and digital certificate being accepted in Vietnam;

h) Promulgating regulations on crossed authentication among organizations providing digital signature certification service;

i) Examining and managing information of activities of using foreign digital certificates being accepted in Vietnam;

k) Examining and managing information of activities that accept foreign digital certificates being accepted in international transactions.”

3. To amend Clause 3 and supplement Clause 4 into behind Clause 3 Article 8 as follows:

“3. Digital signatures and digital certificates of foreign organizations providing the certification service of digital signatures recognized as prescribed in this Decree are legally valid and effective as digital signatures and digital certificates granted by organizations providing public certification service of digital signatures of Vietnam.

4. Foreign digital signatures and digital certificates being accepted in Vietnam as prescribed in this Decree are legally valid and effective as digital signatures and digital certificates granted by organizations providing public certification service of digital signatures of Vietnam but within the limitation of use scope as prescribed in Clause 4 Article 52a of this Decree.”

4. To replace Article 52 as follows:

“Article 52. Recognition of foreign organizations providing certification service of digital signatures 

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