The Ministry of Information and Communications (MIC) is drafting a Decree regulating electronic signatures and trusted services to create a legal basis for implementing the provisions of the Law on Electronic Transactions into practical life.
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The Ministry of Information and Communications said that the Law on Electronic Transactions No. 20/2023/QH15 was passed by the 15th National Assembly on June 20, 2023 at the 5th session and promulgated by the President in Order No. 07/2023/L-CTN dated June 30, 2023, effective from July 3, 2024.
The Law on Electronic Transactions is a document that has an impact on many areas and many subjects in society. Some provisions are new in the system of legal documents, and need detailed instructions to ensure consistency in implementation.
In addition, Decree 130/2018/ND-CP detailing the implementation of the Law on Electronic Transactions on digital signatures and digital signature certification services has some shortcomings that need to be amended and supplemented: Licensing conditions (finance, personnel and technology); some new developments from practice such as: granting digital certificates to subscribers electronically,...; using level 2 electronic identification accounts and some other documents with value equivalent to ID cards, CCCD in granting digital certificates; supplementing regulations in accordance with current documents such as Decree 13/2023/ND-CP on personal data protection,...
Therefore, the issuance of the Government Decree regulating electronic signatures and trusted services is necessary to ensure transparency and consistency in the organization of the implementation of a number of provisions of the Law on Electronic Transactions; create a legal basis for implementing the provisions of the Law on Electronic Transactions into practical life; and ensure the validity and effectiveness of the provisions of the Law on Electronic Transactions.
The Draft Decree includes 5 Chapters, 62 Articles, regulating electronic signatures and trusted services:
Chapter I: includes 03 Articles, from Article 1 to Article 3 regulating the scope of regulation, applicable objects, and interpretation of terms.
Chapter II: consists of 22 Articles, from Article 4 to Article 25, regulating electronic signatures, including contents on electronic signature certificates, specialized electronic signatures, digital signatures, and timestamps.
Chapter III: consists of 28 Articles, from Article 26 to Article 53, regulating the business of trusted services, including provisions on trusted services and procedures for providing trusted services; trusted service activities and activities for providing public digital signature services.
Chapter IV: includes 06 Articles, from Article 54 to Article 59, regulating the organization providing national electronic certification services and interconnection with the organization providing national electronic certification services.
Chapter V: includes 03 Articles, from Article 60 to Article 62, regulating the effective date, transitional provisions, and responsibility for implementation.
Please read the full draft and give your comments here.
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