The Ministry of Information and Communications (MIC) on April 5 organized a workshop to collect opinions about a draft circular on recognizing foreign e-signature service providers, e-signatures, and foreign e-signature certificates in Vietnam.

This is one of two circular MIC drafts to guide the implementation of the amended Law on Electronic Transactions.

Enacted on July 1, 2024, the law has many new points, including the recognition of foreign e-signature services in Vietnam.

According to NEAC, after 15 years of digital signature authentication services, Intel Vietnam is the only foreign invested institution allowed to use digital signature authentication (Verisign), which was approved in 2022 in a special case. 

Digital signature authentication for foreign units had not been accepted in Vietnam until the birth of the amended Law on Electronic Transactions.

In 2018, the government promulgated Decree 130, replacing Decree 26 dated in 2009 that set detailed regulations to implement the 2005 Law on Electronic Transactions on digital signature and digital signature authentication services.

The decree did not include the regulation on recognizing institutions that provide foreign digital signature authentication services in Vietnam, and it only retained the regulation on accepting foreign digital signature authentication certificates in Vietnam.

NEAC’s director To Thi Thu Huong said at the workshop that with demand for electronic contracts and international trade increasing rapidly, the requirements on international reliability and personal and national data protection, while observing international treaties, are necessary.

Thr treaties on mutual recognition among countries have been suggested for negotiations. There should be regulations and procedures for foreign digital signature recognition to ensure transparency, and support for organizations and individuals who have demand to transact with foreign partners. That is why the 2023 Law on Electronic Transactions came out.

“The amended law has laid a legal framework for recognizing foreign electronic signature service institutions. This is a growing tendency which is being deployed in most countries,” Huong said.

Phung Thi Anh from NEAC said that the circular is built on the principle of ensuring consistency with the 2023 Law on Electronic Transactions, feasible for implementation and effective for observation, and won’t hinder the implementation of international treaties.

The optimal goal of the circular is satisfying the requirements of the amended Law on Electronic Transactions and creating favorable conditions for institutions and individuals to observe the law.

The draft circular is now open at MIC’s official website, mic.gov.vn, for opinions.

Trong Dat