To facilitate greater convenience for individuals and organizations engaging in electronic transactions, on May 9, 2024, the Government issued Decree 48/2024/NĐ-CP amending and supplementing several articles of Decree 130/2018/NĐ-CP (“Decree 130”) which provides detailed regulations on the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature authentication services (“Decree 48”). Specifically:
Compared to Decree 130, Decree 48 allows individuals and organizations to choose to use additional forms such as electronic identification accounts/CCCD cards with chips to carry out procedures for issuing digital certificates for subscribers and authenticating digital certificate information for subscribers using foreign digital certificates in Vietnam.
Accordingly, under Decree 48, for the digital certificate issuance dossier of subscribers, in addition to the paper/electronic application form as prescribed by the public digital signature authentication service provider, individuals and organizations must submit the following documents:
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For individuals: CCCD card/ID card/ID certificate/passport/level 2 electronic identification account;
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For organizations: Establishment decision/decision on functions, duties, powers, organizational structure/business registration certificate/investment certificate and CCCD card/ID card/ID certificate/passport of the legal representative of the organization; or use the organization's electronic identification account.
Decree 48 also specifies the forms of submitting the digital certificate issuance dossier of subscribers. Individuals and organizations can choose from the following methods: submit certified copies from the original books, notarized copies/submit copies with the originals for comparison/provide electronic data. In cases where a level 2 electronic identification account on the VNEID application/organization's identification account, or a CCCD card with a chip is used to request the issuance of a subscriber's digital certificate, individuals and legal representatives of organizations will not need to submit accompanying paper documents[1].
Decree 48 takes effect from May 9, 2024.
Notes:
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For digital certificate issuance dossiers of subscribers submitted to the public digital signature authentication service provider but not issued by May 9, 2024, Decree 130 continues to apply, unless the parties choose to apply the provisions of Decree 48;
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For dossiers for granting permission to use foreign digital certificates in Vietnam submitted to the competent state agency but not issued by May 9, 2024, Decree 130 continues to apply.
[1] Conditions for application: there must be written approval allowing connection with the electronic identification and authentication system according to legal regulations on electronic identification and authentication, or the availability of means to read data in the electronic chip, data in the level 2 electronic identification account.
Comment: