Thông tư 08/2011/TT-BTTTT

CIRCULAR

AMENDING AND SUPLEMENTING SOME ARTICLES OF THE CIRCULAR NO. 37/2009/TT-BTTTT DATED DECEMBER 14, 2009 OF THE MINISTER OF INFORMATION AND COMMUNICATIONS STIPULATING DOSSIER AND PROCEDURES RELATED TO LICENSING, REGISTRATION AND ACCREDITATION OF SERVICE PROVIDER ORGANIZATION OF DIGITAL SIGNATURE AUTHENTICATION

THE MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Law on Electronic Transaction dated November 29, 2005;

Pursuant to the Decree No. 26/2007/ND-CP dated February 15, 2007 of the Government stipulating in detail the implementation of the Law on Electronic Transaction on digital signature and digital signature authentication services;

Pursuant to Decree No. 187/2007/ND-CP dated December 25, 2007 of the Government stipulating the functions, duties, powers and organizational structure of the Ministry of Information and Communications

At the proposal of the Director of Department of Information Technology Application;

STIPULATES:

Article 1. Amending, supplementing clause 4 and clause 5 of Article 1; clause 1 and 2 of Article 6; Article 8, clause 1 of Article 10; Article 11, Article 12 and Article 13 of the Circular No. 37/2009/TT-BTTTT dated December 14, 2009 of the Minister of Information and Communications stipulating the dossiers and procedures relating to the licensing, registration and accreditation of the service provider organization of digital signature authentication

1. Amending, supplementing clause 4 and clause 5 of Article 1 as follows:

“4. Certifying the operation registration of service provider organization of specialized digital signature authentication;

5. Issuing certificates of qualification for assurance of safety for specialized digital signatures;”

2. Amending, supplementing clause 1 and clause 2 of Article 6 as follows:

“Article 6. Dossier for issuing certificates of qualification for assurance of safety for specialized digital signatures of service provider organization of specialized digital signature authentication

Dossier for issuing the certificate of qualification for assurance of safety for specialized digital signatures complies with regulation in Article 49 of the Decree No. 26/2007/ND-CP in which:

1. Application for the certificate of qualification for assurance of safety for specialized digital signatures according to the form in Annex VII of this Circular.

2. Certificate of operation registration of service provider organization of specialized digital signature authentication issued by the Ministry of Information and Communications”.

3. Amending, supplementing Article 8 as follows:

“ Article 8. Procedures for licensing the provision of public digital signature authentication service

1. Receiving and verifying dossier.

Organizations apply for licensing the provision of public digital signature authentication service (for cases of new licensing, content modification, re-issuance, license extension): sending dossier via post or submitting directly at the Ministry of Information and Communications (Department of Information Technology Application) at 18 Nguyen Du St., Hai Ba Trung dist., Ha Noi City

The dossier receiving division of the Ministry of Information and Communications (Department of Information Technology Application) will issue receipt via post or directly to the organization applying for licensing.

Within 05 working days from the date receiving dossier, the Ministry of Information and Communications will verify the validity of the dossier.

In case the dossier is valid, the Ministry of Information and Communications will receive the dossier and notify in writing to the organization requesting the license, in which appointing date for releasing the result of dossier settlement.

In case the dossier is invalid, the Ministry of Information and Communications will notify in writing to the organization requesting the license.

2. Organizing the dossier verification.

The Ministry of Information and Communications will verify dossier and get opinions from agencies and units concerned as prescribed. The agencies and units being asked for consult must feedback their verifying opinions in writing and take responsibility for the issues of dossier under their management function.

3. Releasing the result of dossier settlement

Within a period of 60 working days from the date receiving valid dossier, the Ministry of Information and Communications is responsible for releasing the result of dossier settlement.

In case of approval, the Ministry of Information and Communications will decide on licensing, modifying content of license; re-isssuance or extension of license. The license of provision of the public digital signature authentication service shall be implemented under the form in Annex IX of the Circular No. 37/2009/TT-BTTTT.

In case of disapproval, the Ministry of Information and Communications will notify in writing to the organizing requesting for license, in which specifying the reason”

4. Amending, supplementing clause 1 of Article 10 as follows:

“1. Receiving and examining dossier

The service provider organization of public digital signature authentication requesting the digital certificate granting will send 05 sets of dossier (01 set is the original, 04 sets are the copy) via post or directly to the head office of the National Service Provider Organization Of Digital Signature Authentication (Root Certification Authority) at address: No. 06 Chua Mot Cot, Ba Dinh dist., Ha Noi City.

The dossier receiving division of the National Service Provider Organization of Digital Signature Authentication will issue receipt via post or directly to the organization requesting the digital certificate granting;

Within 05 working days from the date receiving dossier, the National Service Provider Organization of Digital Signature Authentication will examine the validity of the dossier.

In case the dossier is valid, the National Service Provider Organization of Digital Signature Authentication will receive the dossier and notify in writing to the organization requesting the digital certificate granting, in which appointing date for releasing the result of dossier settlement.

In case the dossier is invalid, the National Service Provider Organization of Digital Signature Authentication will notify in writing to the organization requesting the digital certificate granting.

5. Amending, supplementing Article 11 as follows:

“Article 11. Procedures for certification of operation registration of the service provider organization of specialized digital signature authentication;

1. Receiving and examining dossier

The service provider organization of specialized digital signature authentication will submit dossier for registration via post or directly to the Head Office of the Ministry of Information and Communications (Department of Information Technology Application) at 18 Nguyen Du St., Hai Ba Trung dist., Ha Noi City

The dossier receiving division of the Ministry of Information and Communications (Department of Information Technology Application) will issue receipt via post or directly to the service provider organization of specialized digital signature authentication;

Within 05 working days from the date receiving dossier, the Ministry of Information and Communications will examine the validity of the dossier.

In case the dossier is valid, the Ministry of Information and Communications will receive the dossier and notify in writing to the service provider organization of specialized digital signature authentication, in which appointing date for releasing the result of dossier settlement.

In case the dossier is invalid, the Ministry of Information and Communications will notify in writing to the organization which registered for service provider activity of specialized digital signature authentication.

2. Releasing the result of dossier settlement

a) The Ministry of Information and Communications will consider the dossier for registration of specialized digital signature authentication services;

b) Within 60 working days from receipt of valid dossier, the Ministry of Information and Communications is responsible for releasing the result of dossier settlement.

In case of approval, the Ministry of Information and Communications will grant the certificate of operation registration of service provider organization of specialized digital signature authentication, the certificate of operation registration of service provider organization of specialized digital signature authentication shall comply with the form in Annex X of this Circular.

In case of disapproval, the Ministry of Information and Communications will notify in writing to the registration organization in which specifying the reasons”

6. Amending, supplementing Article 12 as follows:

“Article 12. Procedures for granting the certificate of qualification for assurance of safety for specialized digital signatures for the service provider organization of specialized digital signature authentication

1. Receiving and examining dossier.

The service provider organization of specialized digital signature authentication requesting granting the certificate of qualification for assurance of safety for specialized digital signatures will submit dossier via post or directly at the Head Office of the Ministry of Information and Communications (Department of Information Technology Application) at 18 Nguyen Du St., Hai Ba Trung dist., Ha Noi City.

The dossier receiving division of the Ministry of Information and Communications (Department of Information Technology Application) will issue receipt via post or directly to the service provider organization of specialized digital signature authentication;

Within 05 working days from the date receiving dossier, the Ministry of Information and Communications will examine the validity of the dossier.

In case the dossier is valid, the Ministry of Information and Communications will receive the dossier and notify in writing to the service provider organization of specialized digital signature authentication, in which appointing date for releasing the result of dossier settlement.

In case the dossier is invalid, the Ministry of Information and Communications will notify in writing to the service provider organization of specialized digital signature authentication.

2. Organizing the dossier verification.

The Ministry of Information and Communications will verify the dossier and get opinions from agencies and units concerned as prescribed. The agencies and units being asked for consult must feedback their opinions in writing and take responsibility for the issues of dossier under their management function.

3. Releasing the result of dossier settlement

Within a period of 60 working days from the date receiving valid dossier, the Ministry of Information and Communications is responsible for releasing the result of dossier settlement.

In case of approval, the Ministry of Information and Communications will decide on granting the certificate of qualification for assurance of safety for specialized digital signatures. The certificate of qualification for assurance of safety for specialized digital signatures shall comply with the form in Annex XI of this Circular.

In case of disapproval, the Ministry of Information and Communications will notify in writing to the service provider organization of specialized digital signature authentication, in which specifying the reasons”

7. Amending, supplementing Article 13 as follows:

“1. Receiving and examining dossier

The foreign organization providing of digital signature authentication service, that requesting the grant of foreign digital signature recognition paper and digital certificate, will submit dossier via post or or directly at the Head Office of the Ministry of Information and Communications (Department of Information Technology Application) at 18 Nguyen Du St., Hai Ba Trung dist., Ha Noi City

The dossier receiving division of the Ministry of Information and Communications (Department of Information Technology Appliaction) will issue receipt via post or directly to the foreign organization providing digital signature authentication service;

Within 05 working days from the date receiving dossier, the Ministry of Information and Communications will examine the validity of the dossier.

In case the dossier is valid, the Ministry of Information and Communications will receive the dossier and notify in writing to the foreign organization providing digital signature authentication service, in which appointing date for releasing the result of dossier settlement.

In case the dossier is invalid, the Ministry of Information and Communications will notify in writing to organization that request grant of foreign digital signatures recognition paper and digital certificate.

2. Organizing the dossier verification.

The Ministry of Information and Communications will verify the dossier and get opinions from agencies and units concerned as prescribed. The agencies and units being asked for consult must feedback their opinions in writing and take responsibility for the issues of the dossier under their management function.

3. Releasing the result of dossier settlement

Within 60 working days from receipt of valid dossier, the Ministry of Information and Communications is responsible for releasing the result of dossier settlement.

In case of approval, the Ministry of Information and Communications will grant the foreign digital signature recognition paper and foreign digital certificate. The foreign digital signature recognition paper and foreign digital cerficate shall comply with the form in Annex XII of the Circular No. 37/2009/TT-BTTTT.

In case of disapproval, the Ministry of Information and Communications will notify in writing to the organization requesting the grant of foreign digital signature recognition paper and foreign digital cerficate in which specifying the reasons”

Article 2. Superseding Annexes VI, VII, X and XI of the Circular No. 37/2009/TT-BTTTT dated December 14, 2009 of the Minister of Information and Communications stipulating the dossier and relevant procedures relating to the licensing, registration and accreditation of the service provider organization of digital signature authentication by corresponding Annexes VI, VII, X and XI promulgated together with this Circular.

Article 3. Effect

1. This Circular will take effect on May 15, 2011.

2. Any problem arising in the course of implementation should be promptly reported to the Ministry of Information and Communications for consideration, amendment or supplementation.