On the morning of May 30, the National Assembly discussed in the hall a number of contents with different opinions in the draft Law on Electronic Transactions (amended). Digital signatures and specialized digital signatures were the contents that many delegates were interested in and gave their opinions.
Delegate Nguyen Hoang Bao Tran (Binh Duong delegation) said that the management of digital signatures for public use and the management of digital signatures for public use are two separate fields with different characteristics in terms of target objects and methods of technical infrastructure management.
Therefore, when regulating State management agencies on digital signatures for public service, it is necessary to consider carefully, it is not necessary to rigidly separate State management and service provision.
There are two separate digital signatures: the digital signature for official use and the public digital signature, which are assigned by the Government to two management agencies. The Ministry of National Defense manages the digital signature for official use, and the Ministry of Information and Communications (MIC) manages the digital signature for public use.
Delegate Nguyen Hoang Bao Tran (Photo: Quochoi.vn).
Regarding this issue, delegate Tran said that digital signatures for public use are special activities, requiring a higher level of safety and security. Digital signatures for public use are conditional business activities with fees.
The draft revised law stipulates that the Ministry of Information and Communications manages both types of digital signatures. However, the female delegate said that if the Ministry of Information and Communications manages them, when security issues arise, the determination of responsibility will not be clear.
Therefore, she proposed regulations on the Minister of National Defense to perform State management of electronic transactions in the field of cryptography and digital signatures for public service according to legal regulations on cryptography and electronic transactions.
Participating in giving comments, delegate Hoang Huu Chien (An Giang delegation) emphasized that the phrase "digital signature for public service" was repeated 22 times in the draft Law, stipulating the responsibilities of subjects in State management.
The delegate also suggested that the drafting committee continue to conduct research to more specifically define the authority of the Ministry of National Defense and the role and responsibility of the Government Cipher Committee in managing, exploiting, and providing digital signatures for specialized public service.
Delegate Nguyen Minh Duc (Photo: Quochoi.vn).
Delegate Nguyen Minh Duc (HCMC delegation) also said that there should be a separation between official digital signatures that must be encrypted by the Government's Cipher Committee. Therefore, he suggested that the National Assembly consider this issue from the perspective of national defense and security to ensure national defense and security.
According to the delegate, the Party and State have allowed the establishment of a separate agency under the Ministry of National Defense as well as the Ministry of Public Security to protect national sovereignty as well as national security in cyberspace.
In addition, Directives, Resolutions and other documents are not simply documents that will be signed and issued in an electronic environment, so the encryption technology of the Government Cipher Committee must be used.
“This is also the agency responsible to the Ministry of National Defense and the Government for state management in both technical and human aspects to assign responsibility. At the same time, this unit is also allowed to use cryptography for research according to the Law on Protection of State Secrets,” said Mr. Duc.
Therefore, the delegate proposed to revise Clause 4, Article 7 of the draft Law in the direction that the Ministry of National Defense performs the function of State management of electronic transaction activities in the field of cryptography and digital signatures for specialized public service.
Debating this content, delegate Nguyen Phuong Tuan (Kien Giang delegation) supported the viewpoint of the National Assembly Standing Committee and the Government, agreeing that "it is necessary to be consistent with the policy of assigning only one agency to take primary responsibility for one task".
Furthermore, according to Mr. Tuan, a digital signature for public service is a type of electronic signature used publicly in transactions of state agencies.
“Issuing state agencies certificates and digital signatures for specialized public services for the purpose of digital signatures is essentially a public service activity serving transactions of state management agencies. According to the Law on Protection of State Secrets, daily electronic transactions are not within the scope of containing state secrets,” said delegate Nguyen Phuong Tuan, affirming that specialized public service signatures are not a specific field within the scope of state secret protection.
Delegate Nguyen Phuong Tuan, Kien Giang delegation (Photo: Quochoi.vn).
Also debating, delegate Nguyen Quoc Duyet (Hanoi delegation) said that the nature of digital signatures used for public service is to use cryptographic technology to authenticate data information and is deployed for use in public service activities of Party, State agencies, and socio-political organizations.
The world and Vietnam's experience considers cryptography as a special weapon to protect national security, serve socio-economic development and is managed by agencies in the fields of national security, military, defense, and foreign affairs under a strict regime and must be encrypted. If determined as such, the Minister of Defense will be responsible to the Government and the Prime Minister for this.
According to the delegate, digital signatures for public service use must be provided, strictly managed, secured, and assigned to defense and security agencies for management.
To avoid overlap and ensure stability and unity, Mr. Duyet proposed that it is necessary to regulate the responsibility of the Government Cipher Committee to assist the Minister of National Defense in performing State management of digital signature authentication for specialized public services .
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