Digital signature is a form of electronic signature is used widely in the business today. The creation or use of the digital signature is made under the provisions of the law on electronic transactions. However, although digital signatures are widely used, but the regulations regarding the type of electronic signature is not well know. Below is the regulations on digital signature due to Lac Viet Computing compiled, you can refer to.
1. Regulations on the legal validity of digital signatures
In accordance with Article 8, Decree 130/2018/ND-CP, digital signatures have legal value when:
In the case of law rules text should be signed, then the request for a message data to be considered responsive if the message data that is signed by a digital signature and a digital signature that is guaranteed secure in accordance with Article 9 of this Decree.
In the case of law rules text should be the seal of agency organization, it requires that for a message data to be considered responsive if data messages that are signed by the digital signature agency, the organization and the signature of which is to ensure safety in accordance with Article 9 of this Decree.
Digital signature and certificate number of foreign licensed for use in Vietnam under the provisions of Chapter V of this Decree has legal value and validity as digital signatures and digital certificates held by the service provider of digital signature authentication public of Vietnam.”
If the digital signature not fully meet the minimum conditions on the regulation of digital signature, then the signature of which is not recognized legal value. The use of digital signatures do not comply with the provisions of the law will put users at risk at risk legally.
2. Regulation of conditions to ensure safety for digital signature
The digital signature must be created during the digital certificate is valid and the check is in the public key indicated on the digital certificate that.
Digital signatures are created by using the secret key corresponding to the public key indicated on the digital certificate issued by one of the following organizations provides:
+ Organization that provides services for digital signature certificate country.
+ Organization that provides authentication service to sign number of specialized government.
+ Organization that provides services for digital signature certificate public.
+ Organization that provides services for digital signature certificate professional use of the agencies and organizations are granted the certificate of eligibility to ensure safety for the signature of professional use.
Regulations on digital signature on the secret key is only the control of the signer at the time of signing.
Before deciding to buy digital signatures, users need to find out if digital signatures that ensure conditions are safe or not? If not, the digital signature will be considered invalid and has no legal value.
3. Specified use digital signatures on electronic documents according to circular no. 01/2019/TT-BNV
Circular 01/2019/TT-BNV of the Ministry of Internal affairs for regulations on the use of digital signatures on electronic documents are issued apply to businesses, state agencies. However, businesses, agencies, organizations and non-state actors are encouraged to follow the applicable provisions in this circular.
Circular 01 of the Ministry of Interior will guide business and state agencies register number on electronic documents in a manner most accurate according to the standards:
- Forms and information display of digital signature
- Location of digital signatures on electronic documents
- Process register number on the electronic text
To ensure the operation is homogeneous, precise, prescribed about the digital signature of the law, enterprises should apply the regulations are detailed instructions in the circular 01 of this.
4. Regulations on the standards of the circular 16/2019/TT-BTTTT
Regulations on digital signature circular 16/2019/TT-BTTTT issued on 5/12/2019 specified standard catalog mandatory application of digital signature and authentication service digital signature according to the model number on a mobile device and the remote. Accordingly, this circular provides the unit provides digital signature service remote must meet 7 standard mandatory when applicable model number on a mobile device and sign out remotely, including:
- Standard cryptography and digital signatures
- Standard information data
- Standard policy and regulation for digital signature certificate
- Standard protocol to store and retrieve digital certificate
- Standard check the status of the digital certificate
- Security standards for HSM key management secret organization that provides services for digital signature certificate
- Standard system devices manager, secret key, digital certificate and create a digital signature of the customer.
To choose the type signature of the best remote, businesses should consider carefully these standards, then check if the fuel supplier digital signature meets the basic conditions on this technical standard or not. The equipped with the knowledge and necessary information for her about regulations on digital signature is a work that every business should do to avoid risks in the process of using digital signatures.
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