Administrative measures on electronic certification services
(Released February 18, 2009, Ministry of industry and information technology the 1th as of March 31, 2009) Chapter I General provisions
First in order to standardize the electronic certification service, to supervise and administer the electronic certification service providers, according to the People's Republic of China electronic signature Act and the provisions of other laws and administrative regulations, these measures are formulated.
Article electronic certification services mentioned in these measures refers to relevant parties to provide authenticity, reliability of an electronic signature activity.
Electronic certification service providers mentioned in these measures refers to require third-party certification of electronic signature certification services providers (hereafter referred to as "electronic verification service agencies").
Electronic verification service agencies that provide services to the public shall be established by law.
Article in the People's Republic of China set up electronic certification services and provide electronic authentication services for electronic signature, these measures shall apply.
The fourth People's Republic of China Ministry of industry and information technology (hereinafter "the Ministry of industry and information technology") shall exercise supervision over electronic certification services and electronic authentication services management.
Chapter II, electronic authentication services
Fifth electronic verification service agency shall satisfy the following conditions:
(A) enterprises with independent legal personality. (B) have adapted to provide electronic authentication services and personnel.
Electronic certification services of professional and technical personnel, Operations Manager, security management, and customer service personnel are not less than 30 and shall conform to the appropriate job skills requirements.
(C) not less than 30 million yuan of registered capital.
(D) have a fixed place of business and meet the requirements of electronic certification services physical environment.
(E) technology and equipment comply with the relevant national safety standards.
(F) evidence of the State password administration institution agreed to use a password.
(VII) other conditions stipulated by laws and administrative regulations.
Sixth application for electronic authentication services license, the following materials shall be submitted to the Ministry of industry and information technology:
(A) the written application.
(B) certification.
(C) the proof of funds (according to the nearly three years of financial and accounting reports, the new company's capital verification report).
(Iv) management place certificate.
(E) national certified testing certificate of technology, equipment, physical environment, comply with the relevant national safety standards certificate.
(F) evidence of the State password administration institution agreed to use a password. Article seventh application materials submitted by the Ministry of industry and information technology on formal examination. Application materials are complete and comply with the statutory format, you should accept the notice issued to the applicant.
Application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time inform all applicants need to supplement the content. Eighth section of industry and information technology Ministry decided to accept applications for examination as to substance.
The content needs to be verifiable, assigned more staff to verify on the ground.
Nineth, Ministry of industry and information on matters related to the applicant's written request for People's Republic of China's Ministry of Commerce, and other relevant departments. Article tenth of industry and information technology Ministry within 45 days from the date of receipt of the application, make a decision on approval or disapproval of the decision in writing.
No permission, and shall notify the applicant in writing and state the reasons; permission is granted, the electronic certification service license issued and published the following information:
(A) the electronic certification services license number.
(B) the electronic verification service agency name.
(C) the issuing authority and date of issuance.
Electronic certification services license information is changed, Ministry of industry and information should be made public timely.
The electronic certification service license will be valid for five years.
Article 11th electronic certification services license, shall hold the electronic certification service license to the industrial and commercial administrative organs go through relevant procedures.
12th electronic certification services to meet certification requirements, before providing electronic certification services, should be made public through the Internet the following information:
(A) the name and legal representative.
(B) institutional residence and contact.
(C) the electronic certification services license number.
(D) the issuing authority and date of issuance.
(E) the electronic certification service license validity period starting and ending times.
The 13th electronic certification services in the electronic certification service license within the validity of the proposed change of company name, domicile, legal representative, registered capital, types, shareholders and shareholders ' investment, amount, time matters, before applying for registration shall be submitted to the company registration authority of industry and information technology Ministry agreed.
14th the electronic certification service needs to extend the expiration of the license, electronic verification service agency shall, on the expiry date of the permit before the 30th to the industrial and information technology applications for continued clearance and concluded within 5th day of release related information in accordance with the provisions of the present article 12th.
Chapter three electronic certification services
15th electronic verification service agency shall, in accordance with industry and information Ministry published the specification for electronic authentication business rules and other requirements, develop this body of rules on electronic certification services and the corresponding certificate policies, provide electronic certification services to be published, and to the Ministry of industry and information technology, for the record.
E-authentication certificate of business rules and policies change, electronic verification service agencies should be made public and published in the 30th to the Ministry of industry and information technology, for the record.
Released 16th electronic verification service agency shall provide electronic authentication services for electronic authentication business rules.
17th an electronic verification service agencies must ensure the provision of the following services:
(A) the creation, issuance, management of electronic signature certificates.
(B) confirm the authenticity of the electronic signature certificate issued.
(C) provision of electronic signature certificates directory information service.
(D) the electronic signature certificate status information inquiry service.
18th electronic verification service agency shall perform the following obligations:
(A) the guarantee certificate within the period of validity of electronic signatures are complete and consistent.
(B) to ensure that electronic signatures relying party to confirm or to understand the elements contained in the electronic signature certificates and other related matters.
(C) keep information associated with the electronic certification service.
19th electronic verification service agency shall set up and improve the security management system and internal audit.
20th electronic verification service agency shall comply with the confidentiality provisions of the State, establish a perfect secrecy.
Electronic certification services of electronic signature and electronic signatures relying party information have a duty of confidentiality.
21st electronic verification service agencies accepting electronic signature certificates application, the following shall be notified to the applicant:
(A) the conditions of use of the electronic signature certificates and electronic signatures.
(B) the fees and service standards.
(C) to save and use rights and responsibilities of the certificate holder information.
(D) the scope of electronic verification service agencies.
(E) the responsibility of the holder of the certificate.
(Vi) other matters requiring prior informed.
22nd electronic verification service agencies to accept the electronic signature authentication application, shall contract with a certificate applicant, specify the rights and obligations of both parties.
The fourth chapter of electronic certification services suspended, terminated
23rd electronic verification service agencies in the electronic certification service license be terminated within the validity of the electronic certification service, shall terminate 60 days of service reports to the Ministry of industry and information technology, and the electronic certification service license cancellation formalities, industrial and relevant supporting documents to the Ministry of information industry and Commerce administrative authority for the cancellation of registration or change of registration.
24th electronic verification service agencies intend to suspend or terminate the electronic certification service, shall suspend or terminate the electronic certification service before 90 days, notify the relevant parties on business and other related matters.
Electronic verification service agencies intend to suspend or terminate the electronic certification service, shall suspend or terminate the electronic certification service, 60 days prior to industry and information Department reports, and consultations with other electronic verification service agencies on business, to make proper arrangements.
25th electronic verification service agencies intend to suspend or terminate the electronic certification service, not on business matters with other electronic verification service agencies reached an agreement, shall apply for industry and information technology department to arrange other electronic verification service agencies to undertake their business.
Article 26th electronic certification services is revoked in the electronic certification service license, their business in accordance with the provisions of the Ministry of industry and information technology.
27th electronic certification services in accordance with industry carried out by other institutions and organization of the Ministry of information to undertake the obligations of electronic authentication services business.
The fifth chapter certificate of electronic signature
28th electronic signature certificates should be accurately stated the following:
(A) the issuance of electronic certification service of electronic signature certification authority name.
(B) the name of the certificate holder.
(C) the serial number of the certificate.
(D) the certificate validity period.
(E) the certificate holder's electronic signature verification data.
(Vi) electronic certification services of electronic signatures.
(VII) other contents prescribed by Ministry of industry and information technology.
29th under any of the following circumstances, electronic verification service agency may revoke the issued electronic signature certificate:
(A) the certificate holder requests revocation of the certificate.
(B) the certificate holder information provided is not true.
(C) the certificate holder does not fulfil contractual obligations of the parties.
(D) the security certificate cannot be guaranteed.
(E) other circumstances stipulated by laws and administrative regulations.
30th under any of the following circumstances, electronic verification service agency shall be on the applicant to provide proof of identity-related material in the inspection and review of related materials:
(A) applicants for certification of electronic signatures.
(B) the holder of the certificate applied for renewal of the certificate.
(C) the certificate holder requests revocation of the certificate.
31st electronic verification service agencies when an update or cancellation of certificate of the electronic signature, shall be announced.
Supervision and administration of the sixth chapter
The 32nd Ministry of industry and information technology on electronic certification services for regular, occasional supervision, supervision includes legal compliance, security management, risk management, and so on. Ministry of industry and information technology on electronic verification service agencies to implement monitoring and checking, inspection and processing of the results shall be recorded, after being signed by the inspectors from the archive.
The public right of access supervision and inspection records.
Ministry of industry and information technology, supervise and check the electronic verification service agency shall not impede the normal production and operation activities of electronic verification service agencies shall not charge any fee.
33rd section of electronic certification electronic certification services licensing services in the electronic certification service was set up within the validity period of the license shall not reduce the required conditions.
Article 34th electronic verification service agency shall faithfully to the industrial Ministry of information submitted to the certification business report, financial reports and other relevant information.
35th electronic verification service agencies have one of the following situations shall be promptly reported to the Ministry of industry and information technology:
(A) key system, key equipment failure.
(B) substantial property damage.
(C) significant legal proceedings.
(D) changes in the key position.
36th electronic certification services in China should be on the job training.
37th under the supervision of the Ministry of industry and information management needs, may entrust the relevant provinces, autonomous regions and municipalities directly under the charge of the information industry sector specific regulatory issues.
The seventh chapter penalty
38th electronic verification service agencies to the Ministry of industry and information technology to conceal the situation, provide false information or refuse to provide authentic materials reflecting its activities, by the Ministry of industry and information technology ordered corrective action and given a warning or a fine of up to 5000 Yuan and 10,000 yuan fine.
The 39th Ministry of industry and information technology, and provinces, autonomous regions and municipalities directly under the charge of the information industry Department staff does not perform its functions of supervision, by the Ministry of industry and information technology, or provinces, autonomous regions and municipalities directly under the charge of the information industry department based on the authority depending on the seriousness of, respectively, giving a warning, demerit, demerit, demotion, dismissal, discharge any constitutes a crime, criminal responsibility shall be investigated according to law.
40th electronic certification services in violation of the 13th, 15th, and 27th of the rules, by the Ministry of industry and information technology ordered ex officio corrections, warnings may be fined not more than 10,000 yuan.
41st electronic certification services in violation of the provisions of article 33rd, by the Ministry of industry and information technology ordered ex officio corrections, a 30,000 yuan fine, and above announced to the public.
The eighth chapter supplementary articles
42nd by the industry and information technology Ministry in accordance with the relevant agreement or approval of the principle of reciprocity, People's Republic of China outside the electronic verification service agency issued outside of electronic signature certificates and electronic verification service agencies set up in accordance with these measures issued by the certificate of the electronic signature has the same legal effect. 43rd these measures shall come into force on March 31, 2009. Released February 8, 2005, the management of electronic certification services (People's Republic of China Ministry of information industry, 35th) repealed simultaneously.
