Decree 104/2010/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree No. 26/2007/nd-Cp Of The Government On Feb. 15, 2007, Detailing The Implementation Of The Law On Electronic Digital Signature.

Original Language Title: Nghị định 106/2011/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 26/2007/NĐ-CP của Chính phủ ngày 15 tháng 02 năm 2007 quy định chi tiết thi hành Luật Giao dịch điện tử về chữ ký số v...

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Pursuant to the law on organization of the Government of 25 December 2001;

Electronic transactions Act base on November 29, 2005;

Basing the Ordinance on administrative violations processing 2 July 2002;

Considering the recommendation of the Minister of communication and information, the DECREE: article 1. Modifying, supplementing a number of articles of Decree No. 26/2007/ND-CP dated 15 February 2007 detailing the implementation of the law on electronic digital signature and digital signature authentication service.

1. Replace paragraph 5 of article 3 as follows: "5. public digital signature is the signature of the subscription by using the deed of hosted service providing digital signature authentication for public subscription creation. Digital signatures digital signatures used by the Subscriber to use the certificate number of hosted service offers the Certified Professional-level digital signature for subscription creation. Foreign digital signature is the signature of the subscription by using foreign number deed. "

2. Modify, Supplement d clause 1 article 6 as follows: "hosted, in cooperation with the Ministry of public security, the Government body in the management of the organization that provides the digital signature authentication services including licensing, certificates of eligibility ensure safety for specialized digital signature , the paper recognized digital signature and certificate number; inspection, test and process the violation; and other necessary activities. "

3. additional amendments clause 2 article 9 as follows: "2. the digital signature is created by using the secret key corresponding to the public key on the certificate of service provider organization certified digital signatures to the country, the Organization provided services public digital signature authentication organizations providing services specialized digital signature certificate to be issued a certificate of eligibility to ensure safety for the signature of professional or organization that provides digital signature authentication services abroad are recognized in Vietnam. "

4. Replace article 10 as follows: "article 10. The contents of the deed number deed of due service provider organization certified by the national signature service provider organization, attest the signatures of public, organizations providing services specialized digital signature certificate to be issued a certificate of eligibility ensure safe for professional-level digital signature must include the following : 1. The name of the organization that provides the digital signature authentication service.

2. The name of the Subscriber.

3. The number of the digital certificate.

4. the term of validity of the digital certificate.

5. Subscriber's public key.

6. the Organization's digital signature provides authentication of signature services.

7. The restrictions on the purpose, the range of use of the digital certificate.

8. Limitations on the liability of the service provider organization to attest the signature of.

9. The other necessary content as stipulated by the Ministry of information and communications. "

5. Replace article 15 paragraph 3 as follows: "3. the personnel requirements: have technical staff, managers, executives, staff security management and customer service staff meet the professional requirements and scale of deployment of services; never convicted. "

6. Replace article 16 as follows: "article 16. Application for license application for licensed service providers certified digital signatures in public was established as 6 (2 sets of original and 4 sets of stars), each record consists of: 1. the recommended Single licensed digital signature authentication service of the business.

2. business registration certificate or certificate of enterprise's investment in industries which clearly provides authentication services for electronic signature.

3. The Charter of organization and activity of the business.

4. Text prove meets the financial conditions specified in item 2 article 15 of this Decree.

5. The scheme provides services including the main content as follows: a) a business plan including: scope, subjects providing services, service quality standards; financial projects;

b) technical plan to ensure that the provisions of paragraph 4 article 15;

c certificate Regulation);

d) criminal record of Votes 2, qualifications of personnel directly involved in activities offering digital signature authentication service of the business. "

7. additional amendments clause 2 Article 18 as follows: "2. Application for license change was established 6 (2 sets of original and 4 sets of stars), each record consisting of: paper recommended changing the content license; a copy of the license in effect; operational situation report; details of the content proposed amendment and the reasons change content license. "

8. Replace paragraph 2 article 21 as follows: "2. accompanying documents include: a) for individuals: valid paper copy identity card, passport or other legal personal certificate;

b) for organizations: valid copy decided to form or certificate of registration of business or other equivalent document of the Organization; authorized text and copy valid identity certificate, passport or other legal personal certificate of the authorized representative of the organization. "

9. Amendments, supplements the name of Item 1 Chapter VI as follows: "the CONDITIONS, the PROCEDURE of REGISTRATION of the ORGANIZATION'S ACTIVITIES to PROVIDE SERVICES SPECIALIZED DIGITAL SIGNATURE CERTIFICATE" 10. Modify the additional name of 46 Articles, as follows: "article 46. Process, the procedure of registration of the Organization's activities to provide services specialized digital signature authentication. "

11. Modify, Supplement 47 Article 6 clause as follows: "6. organizations providing services specialized digital signature certificate has the right to suggest that the Ministry of information and communication issued a certificate of eligibility to ensure safety for the digital signature used to ensure safety for the digital signature as defined in article 9 of this Decree. Conditions and procedure of certification of eligibility ensure safe for digital signature use subject to the provisions of article 48, article 49, article 50 of this Decree. "

12. Amendments, supplements the name of item 2 Chapter VI as follows: "the CONDITIONS, the PROCEDURE of CERTIFICATION of ELIGIBILITY ENSURE SAFETY for SPECIALIZED DIGITAL SIGNATURE" 13. Replace Article 48 as follows: "article 48. Conditions of certification of eligibility ensure safety for specialized organizational digital signature provides authentication services specialized digital signature only certificate of eligibility ensure safety for specialized digital signature when meets the conditions of human, technical and other conditions stipulated in clause 3 , 4, 5 article 15 of this Decree. "

14. Replace Article 49 as follows: "article 49. Records suggest the certification of eligibility ensure safety for specialized digital signature records suggest the certification of eligibility ensure safe for digital signature used was 6 (2 original Kit and the 4 stars), each record consists of: 1. Application eligibility certification ensures safety for the professional digital signature used.

2. Decides to establish the Charter and the Organization's activities.

3. The project offers services including: a) range, the object providing the service;

b) technical approach to ensure that the provisions of article 48 of this Decree;

c certificate Regulation);

d) criminal record of Votes 2, qualifications of personnel directly involved in activities offering digital signature authentication services of the organization. "

15. Replace article 50 as follows: "article 50. Inspection of records and certificate of eligibility ensure safety for specialized digital signature within a period of 60 days from the date of receiving the recommended records issued a certificate of eligibility ensure safety for specialized digital signature, the Ministry of information and media host , in cooperation with the Ministry of public security, the Government body and the ministries concerned interrogation records and reality check. The case meet the conditions providing the services specified in article 48, the Ministry of information and communication issued a certificate of eligibility to ensure safety for the digital signature for the organization. The case of the organization does not meet the prescribed conditions, the Ministry of information and communications has written notice and stating the reason. "

16. Replace Article 51 as follows: "article 51. Rights and obligations of the organization provide services specialized digital signature certificate to be issued a certificate of eligibility to ensure safety for the signature of the professional user.

The organization provides authentication services specialized digital signature be certified eligible to make sure safe for specialized digital signature has the following rights and duties: 1. operational rules, the rights and obligations of the parties concerned on the basis of not contrary to the provisions of relevant laws and principles of legal system in Vietnam.

2. periodic reports and irregular at the request of the competent State bodies.

3. Subject to check, inspect and handle breach of the competent State bodies.

4. Provide for the Agency to conduct the proceedings or the security authority the necessary information in order to serve the work of ensuring information security, investigations, crime prevention in the correct sequence, procedure and legislation regulating proceedings.

5. in case of emergency by emergency legislation or regulations in order to ensure national security, organizations providing services specialized digital signature certificate to be issued a certificate of eligibility to ensure safety for the signature of the professional user is obliged to make all the necessary support required by competent State bodies. "

17. Replace Article 53 as follows: "article 53. Profile granting recognition of digital signatures and certificates of foreign records suggest granting recognition of digital signatures and certificates of abroad was established 6 (2 sets of original and 4 sets of stars), each record consists of: 1. the recommended Single recognized digital signature and certificate of the Organization's foreign service providers authenticated digital signatures.

2. The texts prove to meet fully the provisions of Article 52 clause 1, 2 of this Decree. "

18. Amend Article 61 paragraph 1, add the following: "1. The organization provides the digital signature authentication services and hosted authentication service provides specialized digital signature be certified eligible to make sure safe for digital signature use is subject to the periodic inspection of the Ministry of information and communication about compliance with the provisions of This Decree. The test results should be publicized on the website of the Ministry of information and communications. "

19. additional amendments to article 62 the following: 1. Amending and supplementing Article 62 paragraph 1 point b as follows: "b) certificate of eligibility ensure safety for specialized digital signature."


2. Amendments, supplements paragraph 3 Article 62 the following: "3. the fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) erase, fix the content of certificates of eligibility ensure safety for specialized digital signature;

b) buy, sell, transfer, lease, lend or rent, loan eligibility certificate to ensure security for the specialized digital signature;

c) provides information, false document aims to register or apply for certification of eligibility ensure safety for specialized digital signature. "

20. Modification, Supplement c 66 Article 6 clause as follows: "c) don't set in Vietnam systems offer services of digital signature certificate held by the Ministry of information and media service provider license certified public digital signature or certificate of eligibility ensure safety for specialized digital signature."

21. additional amendments to article 69 clause 2 as follows: "2. The revocation of licenses to provide authentication services for public digital signature or certificate of eligibility ensure safety for specialized digital signature or digital signature recognition certificate and certificate number for one of the offences specified in point b , c item 2 Article 62, item 2 d Article 63; Article 64; point b paragraph 2, points a, c, d paragraph 3 Article 66 of this Decree. "

Article 2. Replace the phrase "postal and telecommunications Ministry" into the phrase "information and communications" in the Decree No. 26/2007/ND-CP dated 15 February 2007 detailing the implementation of the law on electronic digital signature and digital signature authentication service.

Article 3. The terms of the implementation of the Decree has effect from January 2, 2012.

The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.