Conditions for Trading Civil Cryptography Products and Services

What is civil cryptography?

Under Clause 18, Article 3 of the Law on Network Information Security 2015 on civil cryptography:

“18. Civil cryptography means cryptographic techniques and cryptographic products used to secure or authenticate information not falling within the scope of state secrets.”

Related services

M&A, Equity Transfer and Project Transfer

If you are preparing an equity transfer, M&A transaction, project transfer or restructuring, ANT Legal can help review legal risks and transaction structure.

Explore this service Message on Zalo Copy WeChat Send consultation request

Website information is for general reference only and does not replace legal advice for a specific matter.

What are civil cryptography products and services?

Under Article 30 of the Law on Network Information Security 2015 on civil cryptography products and services:

“1. Civil cryptography products are documents, technical equipment and cryptographic professional tools for protecting information not falling within the scope of state secrets.

2. Civil cryptography services include information protection services using civil cryptography products; inspection and assessment of civil cryptography products; consulting on confidentiality and cybersecurity using civil cryptography products.”

What conditions must be met to trade civil cryptography products and services?

Under Article 31 of the Law on Network Information Security 2015 on trading civil cryptography products and services:

“1. Enterprises must have a License to trade civil cryptography products and services when trading civil cryptography products and services on the List of civil cryptography products and services.

2. An enterprise is granted a License to trade civil cryptography products and services when it meets all of the following conditions:

a) Having management, executive and technical personnel meeting professional requirements on confidentiality and information security;

b) Having a system of equipment and facilities suitable for the scale of providing civil cryptography products and services;

c) Having a technical plan conforming to technical standards and regulations;

d) Having a confidentiality and cybersecurity plan in the process of managing and providing civil cryptography products and services;

dd) Having a suitable business plan.

3. Civil cryptography products must be inspected and certified for regulation conformity before circulation on the market.

4. Enterprises granted a License to trade civil cryptography products and services must pay fees as prescribed by law on fees and charges.

5. The Government issues the List of civil cryptography products and services and detailed regulations on this Article.”

Accordingly, to trade civil cryptography products and services, an enterprise must have a License to trade civil cryptography products and services. And the enterprise must meet the following conditions to be granted the License to trade civil cryptography products and services.

– Having management, executive and technical personnel meeting professional requirements on confidentiality and information security;

– Having a system of equipment and facilities suitable for the scale;

– Having a technical plan conforming to technical standards and regulations;

– Having a confidentiality and cybersecurity plan;

– Having a suitable business plan.

Order and procedures for applying for a License to trade civil cryptography products and services

Under Article 32 of the Law on Network Information Security 2015 on the order and procedures for applying for a License to trade civil cryptography products and services:

“1. An enterprise applying for a License to trade civil cryptography products and services submits its application dossier at the Government Cipher Committee.

2. The application dossier for a License to trade civil cryptography products and services is made in two sets, comprising:

a) Application for a License to trade civil cryptography products and services;

b) Copies of the Enterprise Registration Certificate or Investment Registration Certificate or other documents of equivalent value;

c) Copies of professional diplomas or certificates on confidentiality and information security of the management, executive and technical personnel;

d) Technical plan including documents on technical characteristics and parameters of products; technical standards and regulations of products; service standards and quality; technical measures and solutions; product warranty and maintenance plans;

dd) Confidentiality and cybersecurity plan in the process of managing and providing civil cryptography products and services;

e) Business plan including scope, target recipients, scale of product quantity, services, customer service system and technical assurance.

3. Within 30 days from the date of receiving a complete dossier, the Government Cipher Committee appraises and grants the License to trade civil cryptography products and services; in case of refusal, it must notify in writing and state the reasons.

4. A License to trade civil cryptography products and services has a term of 10 years.”