Electronic authentication service management method
Chapter 1 General Provisions
Article 1 In order to regulate the conduct of electronic authentication services, the electronic certification service providers shall be supervised and managed. These Measures shall be formulated in accordance with the "People's Republic of China Electronic Signature Law" and other laws and administrative regulations.
Article 2 The term “electronic authentication services†as mentioned in the present Measures refers to activities that provide authenticity and reliability verification for parties involved in electronic signatures.
The term "electronic authentication service providers" as mentioned in the present Measures refers to the institutions that provide authentication services for electronic signatures requiring third-party certification (hereinafter referred to as "electronic authentication service agencies").
Electronic authentication service agencies providing services to the public should be established in accordance with law.
Article 3 These Measures shall apply to the establishment of electronic authentication service agencies within the territory of the People's Republic of China and the provision of electronic authentication services for electronic signatures.
Article 4 The Ministry of Industry and Information Technology of the People's Republic of China (hereinafter referred to as the "Ministry of Industry and Information Technology") shall supervise and administer electronic certification service agencies and electronic certification services in accordance with law.
Chapter II Electronic Authentication Service Organization
    Article 5 Electronic certification service agencies shall meet the following conditions:
(I) Have an independent corporate legal person qualification.
(b) Persons who are compatible with the provision of electronic certification services. The number of professional technicians, operation management personnel, safety management personnel and customer service personnel engaged in electronic authentication services shall not be less than 30, and shall meet the corresponding post skill requirements.
(3) The registered capital is not less than RMB 30 million.
(4) A physical environment with a fixed business location and meeting the requirements of electronic certification services.
(5) Having technologies and equipment that meet the relevant national safety standards.
(6) A certification document with the consent of the national password authority to use the password.
(7) Other conditions stipulated by laws and administrative regulations.
   Article 6 When applying for electronic certification service licenses, the following materials shall be submitted to the Ministry of Industry and Information Technology:
(a) Written application.
(b) Personnel certification.
(3) Proof of funds (financial accounting reports audited in accordance with law for the past three years, capital verification reports for newly established companies).
(d) Certificate of business location.
(5) The certificates issued by the relevant certification and testing institutions of the State in conformity with the relevant national safety standards for the technology, equipment and physical environment issued by the State.
(6) The national password management organization agrees to use the password certification document.
   Article 7 The Ministry of Industry and Information Technology shall formally review the submitted application materials. Where the application materials are complete and in compliance with the statutory form, a notice of acceptance shall be issued to the applicant. Where the application materials are incomplete or do not conform to the statutory form, the applicant shall be notified on the spot or within five days of all the contents of the applicant's amendments.
   Article 8 The Ministry of Industry and Information Technology shall conduct substantive examination of the application materials decided to accept. If it is necessary to verify the relevant contents, two or more staff members shall be assigned to conduct on-site verification.
Article 9 The Ministry of Industry and Information Technology shall solicit the opinions of the Ministry of Commerce of the People's Republic of China and other relevant departments in writing on matters relating to the applicant.
   Article 10 The Ministry of Industry and Information Technology shall, within 45 days from the date of receiving the application, make a written decision on whether to grant permission or not. In case of disapproval, the applicant shall be notified in writing and the reasons shall be explained; if permission is granted, the "electronic authentication service permit" shall be issued and the following information shall be announced:
(1) The "Electronic Certification Service License" number.
(b) The name of the electronic certification service agency.
(3) Issuing authority and issuing date.
If the information related to the electronic certification service license changes, the Ministry of Industry and Information Technology shall announce it in a timely manner.
The "electronic authentication service license" is valid for five years.
   Article 11 Where a permit for electronic authentication service is obtained, it shall hold the "Electronic Authentication Service License" to the administrative department for industry and commerce for the relevant formalities.
   Article 12 An electronic certification service agency that has obtained a certification qualification shall publish the following information through the Internet before providing electronic certification services:
(1) Name of the organization and legal representative.
(b) Institutional residence and contact methods.
(3) The "Electronic Certification Service License" number.
(4) Issuing authority and issuing date.
(5) The start and end time of the validity period of the "electronic authentication service license".
   Article 13 The electronic certification service agency intends to change the company name, domicile, legal representative, registered capital, type, shareholder and shareholders' capital contribution method, capital contribution amount, investment time, etc. during the validity period of the “electronic authentication service licenseâ€. , Before applying to the company registration authority for registration of changes, it shall report to the Ministry of Industry and Information Technology for its consent.
   Article 14 If the validity period of the Electronic Certification Service Permit expires, the electronic certification service agency shall apply to the Ministry of Industry and Information Technology to apply for the extension procedure 30 days before the expiry date of the permit, and it shall be five days from the date of completion of the license. The relevant information shall be published within the day in accordance with the provisions of Article 12 of these Measures.
Chapter III Electronic Authentication Service
    Article 15 An electronic certification service agency shall, in accordance with the requirements of the "Regulations on Electronic Certification Business Rules" promulgated by the Ministry of Industry and Information Technology, formulate its own electronic certification business rules and corresponding certification strategies, and publish it before providing electronic certification services. And filed with the Ministry of Industry and Information Technology.
In the event of a change in the electronic certification business rules and certificate policies, the electronic certification service agencies shall make public the announcements and file with the Ministry of Industry and Information Technology within 30 days from the date of publication.
   Article 16 Electronic certification service agencies shall provide electronic certification services in accordance with the published electronic authentication business rules.
   Article 17 An electronic certification service agency shall guarantee the provision of the following services:
(1) Production, issuance and management of electronic signature certificates.
(b) Confirm the authenticity of the signed electronic signature certificate.
(3) To provide electronic signature verification directory information search services.
(D) provide electronic signature verification status information query service.
   Article 18 An electronic certification service agency shall perform the following obligations:
(1) Ensure that the contents of the electronic signature authentication certificate are complete and accurate within the validity period.
(2) Ensure that the electronic signature relying party can verify or understand the contents of the electronic signature authentication certificate and other related matters.
(c) Proper preservation of information related to electronic authentication services.
Article 19 An electronic certification service agency shall establish a sound safety management and internal auditing system.
   Article 20 An electronic certification service agency shall abide by the state's confidentiality regulations and establish a perfect confidentiality system.
The electronic certification service agency has the obligation to keep confidential the information of the electronic signer and the electronic signature relying party.
   Article 21 The electronic certification service agency shall inform the applicant of the following matters before accepting the application for the electronic signature authentication certificate:
(1) Conditions for using electronic signature authentication certificates and electronic signatures.
(b) Service charges items and standards.
(c) The authority and responsibility for the preservation and use of certificate holder information.
(4) The scope of responsibility of electronic certification service agencies.
(e) The scope of the certificate holder's responsibility.
(6) Other matters that need to be informed in advance.
   Article 22 After an electronic certification service agency accepts an application for electronic signature verification, it shall sign a contract with the applicant of the certificate to specify the rights and obligations of both parties.
Chapter IV Suspension and Termination of Electronic Certification Services
   Article 23 If an electronic certification service agency intends to terminate the electronic certification service within the validity period of the "electronic authentication service license", it shall report to the Ministry of Industry and Information Technology 60 days before the termination of service, and apply for the "electronic authentication service license." 》Deregistration procedures, holding relevant documents of the Ministry of Industry and Information Technology, apply to the administrative department for industry and commerce for cancellation or change of registration.
   Article 24 Where an electronic certification service agency intends to suspend or terminate the electronic certification service, it shall notify the relevant parties of the business acceptance and other related matters 90 days before suspending or terminating the electronic authentication service.
If an electronic certification service agency intends to suspend or terminate the electronic certification service, it shall report to the Ministry of Industry and Information Technology 60 days before suspending or terminating the electronic certification service, and negotiate with other electronic certification service agencies on the business undertaking and make proper arrangements.
   Article 25 Where an electronic certification service agency intends to suspend or terminate its electronic authentication service and fails to reach an agreement with other electronic certification service agencies regarding business acceptance matters, it shall apply to the Ministry of Industry and Information Technology to arrange for other electronic certification service agencies to undertake its business.
   Article 26 Where an electronic certification service agency is revoked a license of an electronic certification service in accordance with the law, its business undertakings shall be handled in accordance with the provisions of the Ministry of Industry and Information Technology.
   Article 27 Electronic certification service agencies have the obligation to undertake electronic authentication service operations conducted by other agencies in accordance with the arrangements of the Ministry of Industry and Information Technology.
Chapter 5 Electronic Signature Certificate
   Article 28 The electronic signature authentication certificate shall accurately contain the following contents:
(1) The name of the electronic certification service agency that issued the electronic signature authentication certificate.
(b) The name of the certificate holder.
(c) Certificate serial number.
(d) The validity of the certificate.
(5) The electronic signature verification data of the certificate holder.
(6) Electronic signatures of electronic certification service agencies.
(7) Other contents stipulated by the Ministry of Industry and Information Technology.
   Article 29 In any of the following circumstances, an electronic certification service agency may revoke its issued electronic signature certification:
(a) The certificate holder applies for the revocation of the certificate.
(b) The information provided by the certificate holder is not true.
(3) The holder of the certificate failed to perform the obligations stipulated in the contract between the parties.
(d) The security of the certificate cannot be guaranteed.
(5) Other circumstances as prescribed by laws and administrative regulations.
   Article 30 In any of the following circumstances, the electronic certification service agency shall examine the relevant materials provided by the applicant to prove its identity and review the relevant materials:
(a) The applicant applies for an electronic signature authentication certificate.
(b) The certificate holder applies for the renewal of the certificate.
(c) The certificate holder applies for the revocation of the certificate.
   Article 31 When an electronic certification service agency updates or revokes an electronic signature certification, it shall make an announcement.
Chapter VI Supervision and Management
Article 32 The Ministry of Industry and Information Technology shall conduct regular and irregular inspections and inspections of electronic certification service agencies. The contents of supervision and inspection shall mainly include compliance with laws and regulations, safety operations management, and risk management.
When the Ministry of Industry and Information Technology supervises and inspects electronic certification service agencies , they shall record the conditions of the supervision and inspection and the results of the processing, and shall be signed and signed by the supervisory and inspecting personnel. The public has the right to inspect the supervision and inspection records.
The Ministry of Industry and Information Technology shall supervise and inspect the electronic certification service agencies and shall not hinder the normal production and business activities of the electronic certification service agencies and shall not charge any fees.
   Article 33 An electronic certification service agency that has obtained a license for electronic authentication services shall not reduce the conditions that it should have during the establishment of an electronic authentication service license.
Article 34 Electronic certification service agencies shall truthfully submit relevant information on the status of certification business development, financial and accounting reports to the Ministry of Industry and Information Technology.
Article 35 Electronic verification service agencies that have one of the following circumstances shall report to the Ministry of Industry and Information Technology in a timely manner:
(I) Major system and key equipment accidents.
(b) Major property losses.
(3) Major lawsuits.
(d) Changes in key positions.
Article 36 Electronic certification service agencies shall provide on-the-job training for their employees.
    Article 37 The Ministry of Industry and Information Technology may, according to the needs of the supervision and administration work, entrust the relevant information industry authorities of the relevant provinces, autonomous regions and municipalities directly under the Central Government to undertake specific supervision and management matters.
Chapter VII Penalties
   Article 38 Electronic authentication service agencies that conceal information from the Ministry of Industry and Information Technology, provide false materials, or refuse to provide real materials that reflect their activities shall be ordered by the Ministry of Industry and Information Technology to make corrections, given a warning, or be punished with more than RMB 5,000. Ten thousand yuan fine.
   Article 39 The staff of the Ministry of Industry and Information Technology and the competent authorities of the information industry of the provinces, autonomous regions, and municipalities directly under the Central Government who do not perform supervision and management duties according to law shall be authorized by the Ministry of Industry and Information Technology or the information industry department of the province, autonomous region, or municipality directly under the Central Government. Depending on the circumstances, administrative sanctions such as warnings, demerits, demerits, demotions, dismissals, and expulsions shall be given respectively; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 40 If an electronic certification service agency violates the provisions of Article 13, Article 15, and Article 27 of these Measures, the Ministry of Industry and Information Technology shall order it to make corrections within a time limit based on its powers, and shall be given a warning and may be punished with 10,000. The fine below the dollar.
   Article 41 Electronic certification service agencies that violate the provisions of Article 33 of these Measures shall be ordered by the Ministry of Industry and Information Technology to make corrections within a time limit according to their powers, impose a fine of not more than 30,000 yuan, and make public the above-mentioned circumstances to the public.
Chapter VIII Supplementary Provisions
   Article 42 After being approved by the Ministry of Industry and Information Technology in accordance with relevant agreements or reciprocity principles, electronic signature authentication certificates issued by overseas electronic authentication service agencies outside the People's Republic of China and electronic authentication service agencies established in accordance with the present Measures shall be issued. Electronic signature authentication certificates have the same legal effect.
Article 43 The present Measures shall come into force on March 31, 2009. The "Administrative Measures on Electronic Authentication Services" (Decree No. 35 of the Ministry of Information Industry of the People's Republic of China) promulgated on February 8, 2005 was repealed at the same time.
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