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New Decree detailing the trading of civil cryptographic products and import and export civil cryptographic products

AuthorTrần Thanh Phương

The Decree replaces Decree No. 58/2016/ND-CP dated July 1, 2016 detailing the trading of civil cryptographic products and services and the export and import of civil cryptographic products.

Over the past 7 years, Decree No. 58/2016/ND-CP has created conditions for businesses to trade in civil cryptographic products and services, and to export and import civil cryptographic items. In addition, the Decree also provides a legal basis for inspection, examination and handling of administrative violations in the field. However, in order to synchronize with current legal provisions, facilitate the simplification of regulations, update new technologies in practice as well as facilitate enterprises in trading and importing products. The Government Cipher Committee is developing a draft Decree detailing the trading of civil cryptographic products and services and the export and import of civil cryptographic products (CCP) to replace Decree 58/2016/ ND-CP. Based on the draft formulation outline, new points are proposed to address the following issues:

1) Simplify and lower requirements for qualified applicants for CCP trading license application.

2) Synchronizing with the Law on Handling of Administrative Violations, supplementing and clarifying the sanctioning competence, fined subjects, sanctioned acts and administrative fine levels in the field of product trading, civil cryptography service.

3) Reviewing additionally and providing effective management solutions for dual-use civil cryptographic products with integrated information safety and security features.

4) Proposing more provisions on the amendment, supplement, and re-grant of licenses for export and import of civil cryptographic products.

5) Adding regulations on export and import licenses of civil cryptographic products for non-commercial purposes. Thereby, meeting the needs of export processing companies or companies that only need to import civil cryptographic products for self-use and create fixed assets of enterprises.

6) Supplementing regulations on certification of standard conformity, certification of regulation conformity, and announcement of conformity of civil cryptographic products. At the same time, additional regulations on conformity assessment activities for civil cryptographic products are added.

7) According to practice, amend and supplement the list of civil cryptographic products, the list of civil cryptographic products imported and exported under license.

Individual and organization can find the full version of draft regulations, contributing comments via below link:

https://nacis.gov.vn/tin-tuc-noi-bat/-/view-content/356937/lay-y-kien-du-thao-ho-so-de-nghi-xay-dung-nghi-dinh-thay-the-nghi-dinh-58-2016-nd-cp-ve-kinh-doanh-xuat-nhap-khau-san-pham-dich-vu-mat-ma-dan-su

Learn more: List of encryption products need CCP license to import

New Decree on Civil cryptographic products

Contact information for consulting on CCP license

EXTENDMAX VIETNAM COMPANY LIMITED

Hotline: +84 915 836 555 | Hanoi: +84 24 6666 3066

Email: consultant@extendmax.vn | phuong.tran@extendmax.vn

HO: ExtendMax Villa, C01-L18 An Vuong, Duong Noi urban area, Duong Noi ward, Ha Dong district, Hanoi City, Vietnam

Test laboratory: BT02-21, An Hung urban area, To Huu street, La Khe ward, Ha Dong district, Hanoi City, Vietnam

 

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Tran Thanh Phuong
I am Tran Thanh Phuong, a jurist specializing in Product Quality Law, Cyber Information Security Law, Customs Law, Foreign Trade Management Law, and Commercial Law. I am a consultant trusted by the world's leading technology corporations in the field of consulting on legal regulations and market access requirements for importing information technology products into Vietnam
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        EXTENDMAX VIETNAM COMPANY LIMITED

        Tax Code: 0106943741

        Email: consultant@extendmax.vn

        Hot line: +84 915 836 555 | Hanoi: +84 24 6666 3066

        Consulting CCP License: +84 915 836 555

        Reg. Add:P903, 9F, Tower A, Sky City Tower Complex, 88 Lang Ha street, Lang Ha ward, Dong Da district, Hanoi city, Vietnam

        HO: ExtendMax Villa, C01-L18 An Vuong, Duong Noi ward, Ha Dong, Hanoi, Vietnam

        Test Lab: BT02-21, An Hung urban area, To Huu street, La Khe ward, Ha Dong, Hanoi, Vietnam