1. Digital signature is and what rules legal validity of digital signatures
1.1 digital Signature what is
According to Article 3, Paragraph 6 of the Decree 130/2018/ND-CP, digital signature is a type of electronic signature is created by transforming a message data using a system of asymmetric cryptography. The received message data and the public key of the signer can accurately determine the transformation is done by the secret key corresponding to the public key in the same key pair. Besides, the integrity of the message content is guaranteed since the implementation of the change as stated.
Thus, digital signatures (also called the Token) is a form signed by electronic methods.
1.2 legal validity of digital signatures
Content rules legal validity of digital signatures are recorded in Article 8 of Decree 130/2018/ND-CP as follows: In the case law requires the text needs to be signed, then a message data is only considered responsive if it is signed by a digital signature and a digital signature that is guaranteed secure in accordance with Article 9 of Decree 130/2018/ND-CP. If the law specified text should be the seal of agency organization, then a message data is only considered responsive if it is signed by the digital signature of the agency or institution and the signature of which is to ensure safety in accordance with Article 9 of Decree 130/2018/ND-CP.
2. Are required to use the digital signature in business?
In the present, not all electronic transactions are requested to use digital signatures. However, the registration and use of digital signature is essential and is a mandatory element that businesses need to have for a number of reasons:
The first digital signature is required to declare and pay taxes for the business. According to the Law on tax Administration in 2019, the business must make, declare, pay taxes and perform transactions with tax authorities through electronic transactions. This means that the business must have a login account and a digital signature to perform these procedures.
Monday, digital signatures are also used to use electronic invoices. Today, electronic invoicing has become a replacement for paper bill and current law has prescribed the business must use the electronic invoice. Specifically, the business establishment after the date 01/11/2018 and in ho chi minh City. Ho Chi Minh city, Hanoi and other cities to use electronic invoices from the date of 01/01/2020. The whole business must use electronic invoices before the date 01/11/2020. To use bill electronic business also need to have a digital signature.
Finally, the digital signature also be used to register, declare and submit a report on social insurance electronically. Although in some districts still allows businesses to submit a report on social insurance in the form of direct (japanese paper), but in the future, there will be the sync to carry out these transactions online instead of having to use trading methods directly tradition. Use digital signatures will help the business account registration on the portal of electronic social insurance to wrath
NOTE: make The switch to digital signature is prescribed to be taken, many businesses have now applied a digital signature instead of signing fresh on text paper saves printing costs, the optimal process up quickly, not waiting for “the boss” to the company directly. To build the process some of this, businesses need to invest applied software the process of implementation process setting up standard with the right tight track progress in the process of signing for departments department in company.
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