These regulations will take effect from August 15.
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The newly issued "Circular 06 on the recognition of foreign electronic signature certification service providers and electronic signatures in Vietnam" aligns with the 2023 Electronic Transactions Law. This is one of five guiding documents for the implementation of the law.
The new regulations, which implement Article 26 of the 2023 Electronic Transactions Law, apply to:
- Foreign electronic signature certification service providers seeking recognition in Vietnam.
- Foreign organizations and individuals, as well as Vietnamese entities, that need to conduct electronic transactions with foreign entities whose electronic signatures are not recognized domestically.
- Relevant organizations and individuals involved in recognizing foreign electronic signature certification services in Vietnam.
According to the National Electronic Authentication Center (NEAC), Circular 06 was developed to ensure consistency with the 2023 Electronic Transactions Law, without introducing new regulations, and is practical and effective for implementation.
The circular includes specific guidelines on the documentation, procedures, and timelines for recognizing foreign electronic signature certification service providers and foreign electronic signatures in Vietnam.
A representative from NEAC stated that Circular 06 is a step towards international cooperation in electronic signatures and broader electronic transactions with foreign entities. It also aims to protect domestic service users and address issues related to conducting electronic transactions online.
When applying the new regulations, several points need attention:
- Foreign electronic signature certification service providers must provide all required documentation and update the status of electronic signature certificates in the national electronic authentication system.
- The recognition period for these service providers will match their license duration but not exceed the validity of their electronic signature certificates.
- The recognition period for end-user electronic signature certificates is five years, but not beyond the certificate's validity period.
Additionally, changes in information must be reported and re-recognized by both foreign service providers and end users. Periodic technical audits, service status reports, and statistical data such as the number of issued certificates must be submitted to the MIC.
Organizations and individuals must use foreign electronic signature certificates within the scope and purpose outlined in Circular 06 and the 2023 Electronic Transactions Law.
These new regulations mark a significant step towards enhancing the legal framework for electronic transactions in Vietnam, ensuring secure and recognized use of foreign electronic signatures.
Van Anh
