📋 Tender Overview
The Ministry of Information and Communications (TT&TT) is drafting a Decree regulating electronic signatures and trust services to create a legal basis for implementing the provisions of the Electronic Transactions Law. into real life.
The Ministry of Information and Communications said that the Law on Electronic Transactions No. 20/2023/QH15 was approved by the 15th National Assembly on June 20, 2023 at the 5th session and announced by the President in Order No. 07/2023/L -CTN June 30, 2023, effective from July 3, 2024.
The Electronic Transactions Law is a document that has an impact on many fields and subjects in society. Some regulations 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 authentication services has some shortcomings that need to be amended and supplemented: Licensing conditions (financial, human resources and technical); Some new developments from practice such as: issuing digital certificates to subscribers electronically,...; Use level 2 electronic identification accounts and a number of other documents with equivalent value to ID cards and CCCDs in issuing digital certificates; Supplement regulations consistent with current documents such as Decree 13/2023/ND-CP on personal data protection,...
Therefore, the promulgation of a Government Decree regulating electronic signatures and reliable services is necessary to ensure transparency and consistency in the implementation of a number of provisions of the Electronic Transactions Law. ; create a legal basis to implement the provisions of the Electronic Transactions Law into real life; ensure the effectiveness and efficiency of the provisions of the Electronic Transactions Law.
Layout and basic content of the draft Decree
The draft Decree includes 5 Chapters, 62 Articles, regulations on electronic signatures and trust services:
Chapter I: includes 03 Articles, from Article 1 to Article 3 regulating the scope of regulation, subjects of application, and explanation of terms.
Chapter II: includes 22 Articles, from Article 4 to Article 25, regulations on electronic signatures, including contents on electronic signature certificates, specialized electronic signatures, digital signatures, and timestamps.
Chapter III: includes 28 Articles, from Article 26 to Article 53, regulating the business of reliable services, including regulations on reliable services and procedures for providing reliable services; Trust service activities and public digital signature service provision activities.
Chapter IV: includes 06 Articles, from Article 54 to Article 59, regulating the organization providing national electronic authentication services and connecting with the organization providing national electronic authentication services.
Chapter V: includes 03 Articles, from Article 60 to Article 62, regulating implementation effect, transitional regulations, and implementation responsibilities.