Learn about the latest regulations on electronic signature certificates

Electronic signature certificates is a data message certifying the authenticated individual or organization as the signer of an electronic signature. Regulations on electronic signature certificates in Vietnam are clearly shown through the Law on Electronic Transactions 2023. This article aims to clarify the latest regulations related to electronic signature certificates, including digital signatures, to help customers better understand this type of electronic authentication.

What is an electronic signature certificate?

According to the provisions of Clause 13, Article 3 of the Law on Electronic Transactions 2023, an electronic signature certificate is a data message certifying that an agency, organization or individual is authenticated as the person signing the electronic signature. Electronic signature certificate for digital signatures are called digital signature certificates, including two main types:

• Digital signature certificate for official use;
• Public digital signature certificate.

>>> See more: Digital certificate – Relationship between digital certificate and digital signature

Regulations on providing digital signature certificates

Providing digital signature certificates must comply with strict regulations to ensure legality and reliability.

Digital signature certificate for official use

According to Article 24 of the Law on Electronic Transactions 2023, regulations on this deed are as follows:

Digital signature authentication service specialized in public service is a service to authenticate digital signatures in public service activities.

Digital signature certificates for official use are managed and provided by organizations providing digital signature certification services for official use in accordance with the law on electronic transactions and the law on ciphers.

Organizations providing specialized digital signature authentication services for official purposes carry out the following activities:

• Issuing a digital signature certificate specifically for official use to confirm and maintain the validity of the digital signature certificate specifically for official use of the subject signing the data message;
• Revocation of digital signature certificates for official use;
• Check the validity of digital signatures for official use and maintain the validity of digital signature certificates for official use; Do not use technical or technological barriers to limit the checking of the validity of digital signatures specifically for official use;
• Provide necessary information to authenticate digital signatures for official use;
• Connect with organizations providing national electronic authentication services to ensure the validity of digital signatures specifically for official use;
• Issuing timestamps in official activities;
• Digital signature certificates for official use and digital signatures for official use must meet technical standards and technical requirements for digital signatures and digital signature authentication services according to the provisions of law.

Public digital signature certificate

Pursuant to Article 33 of the Law on Electronic Transactions 2023, digital signature certificates are regulated as follows:

Public digital signature authentication service is a service provided by organizations providing public digital signature authentication services to authenticate the subject signing the digital signature on the data message, ensure the non-repudiation of the signing subject with the data message, and ensure the integrity of the signed data message. Public digital signature authentication services include:

• Public digital signature authentication service according to the digital signature model on means of storing secret keys using hardware devices;
• Public digital signature authentication service based on the digital signing model on mobile devices;
• Public digital signature authentication service using remote digital signing model;
• Public digital signature certificates are provided by organizations that provide public digital signature authentication services and include the following activities:
• Issue a public digital signature certificate to confirm and maintain the validity of the public digital signature certificate of the subject signing the data message;
• Revoke public digital signature certificate;
• Check the validity of public digital signatures and maintain the validity status of public digital signature certificates; Do not use technical or technological barriers to limit the validity of public digital letters;
• Provide necessary information to authenticate public digital signatures;
• Connect with the national electronic authentication service provider to ensure the validity of public digital signatures;
• Public digital signature certificates and public digital signatures must meet technical standards and technical requirements for digital signatures and digital signature authentication services according to the provisions of law.

Regulations on recognition of foreign electronic signature certificates

Recognition of foreign electronic signature certificates in Vietnam is prescribed in Clause 2, Article 26 of the Law on Electronic Transactions 2023, with the following conditions:

Foreign electronic signatures and foreign electronic signature certificate must comply with standards and technical regulations on electronic signatures and electronic signature certificate according to the provisions of Vietnamese law or recognized international standards or international treaties to which the Socialist Republic of Vietnam is a member;

Foreign electronic signature certificates are formed based on fully authenticated identification information of foreign organizations and individuals.

Digital electronic certificate consulting service in Long Phan Consulting Company

Long Phan Consulting Company  provides comprehensive consulting and support services on electronic signature certificates, including:

• Consulting on legal regulations related to electronic signature certificates.
• Draft documents and guide procedures for registering digital signature certificates.
• Support registration procedures and use of digital signature certificates.
• Consulting on recognition of foreign electronic signature certificates.
• Consulting on resolving disputes related to electronic signatures.
• Provide solutions to problems related to the use of electronic signatures.
• Consulting and answering other related issues.

Frequently asked questions about electronic signature certificates

Below are frequently asked questions about electronic signature certificates that customers can refer to:

Does an electronic signature certificate have the same legal value as a handwritten signature?

Electronic signature certificates, especially digital signatures, have the same legal value as handwritten signatures in electronic transactions.

How to check the validity of a digital signature certificate?

The validity of digital signature certificates can be checked through online tools provided by organizations providing digital signature authentication services, or through national electronic certification service providers.

What types of transactions are specialized digital signature certificates used in?

Specialized digital signature certificates are used in public service activities of state agencies, political organizations, and public service units.

What risks are there when using electronic signature certificates and how can they be minimized?

Risks include loss or disclosure of private keys and forged certificates. To minimize risks, it is necessary to protect private keys carefully, use the services of reputable organizations, and regularly check the validity of certificates.

Can foreign electronic signature certificates be used in Vietnam?

Yes, foreign electronic signature certificates are recognized in Vietnam if they meet the standards and regulations of Vietnamese law or international treaties to which Vietnam is a member.

Conditions for foreign organizations to have electronic signature certificates recognized in Vietnam?

Conditions for foreign organizations to have electronic signature certificates recognized in Vietnam:

• Foreign electronic signatures and foreign electronic signature certificate must comply with standards and technical regulations on electronic signatures and electronic signature certificate according to the provisions of Vietnamese law or recognized international standards or international treaties to which the Socialist Republic of Vietnam is a member;
• Foreign electronic signature certificates are formed based on fully authenticated identification information of foreign organizations and individuals.

Conclude

Understanding the regulations on electronic signature certificates is essential to ensure the legality and safety of electronic transactions. If you have any questions, please contact Long Phan Consulting Company immediately via the hotline: 0906735386 for timely advice and support.