Measures for the Administration of Electronic Verification Services
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(Passed by the 12th conference of the Ministry of Information Industry of People's Republic of China on January 28, 2005, are hereby promulgated and will be implemented as of April 1, 2005)
Chapter 1. General Provisions
Article 1. This law is made in accordance with the "Law of People's Republic of China on Electronic Signatures" and the provisions of other laws and regulations. The goal of this law is to regulate the behavior of electronic verification services, and to implement oversight and administration of electronic verification service providers.
Article 2. Electronic verification services in this law refer to public services that inspect the authenticity and reliability of electronic signatures of all relevant signatories..
Electronic verification service providers in this law refer to third party agencies that provide electronic verification services to electronic signers and parties dependent on electronic signatures.
Article 3. This law is applicable to agencies that provide electronic verification services and services that provide electronic verifications for electronic signatures within the borders of the People's Republic of China.
Article 4. The Ministry of Information Industry of the People's Republic of China ("Ministry of Information Industry" hereafter) implements oversight and administration of electronic verification service agencies and electronic verification services.
Chapter 2. Electronic Verification Service Agencies
Article 5. A qualified electronic verification service agency shall satisfy the following conditions:
(1) Qualified business as an independent legal person;
(2) There shall be no less than 30 technical staff persons, operation managers, security managers, and customer service representatives for the electronic verification services;
(3) The registered capital shall be no less than 30,000,000 yuan;
(4) The agency shall have a fixed business location and a physical environment that satisfies the requirements for electronic verification services;
(5) The agency shall have technologies and facilities that are in accordance with the relevant national safety standards;
(6) The agency shall have documentary proof from the State Encryption Management Committee with authorization to use passwords;
(7) Other conditions stipulated by laws and administrative regulations.
Article 6. Those who apply for a Permit for Electronic Verification Services shall submit the following documents to the Ministry of Information Industry:
(1) A written application;
(2) Certificates of the professional technical staff and managers;
(3) Proof of capital and business location;
(4) Technology, facilities, and physical environment that are in accordance with national safety standards with proof from the relevant national agency in charge of certification and inspection;
(5) Documentary proof of permission to use passwords from the State Encryption Committee.
Article 7. The Ministry of Information Industry will examine the form of the submitted application, and make a decision whether or not to accept the application.
Article 8. The Ministry of Information Industry will examine the substance of the submitted applications once they are accepted. For substance that requires verification, two or more staff persons shall be assigned to conduct a site visit for verification.
Article 9. The Ministry of Information Industry shall make a written request for the opinions of the Ministry of Commerce and other relevant ministries regarding issues related to the applicants.
Article 10. The Ministry of Information Industry shall make a written decision whether or not to grant permission within 45 days from receipt of the application. Those who are denied will be sent a written notice stating the reasons for rejection. Those who are granted permission will be issued a Permit for Electronic Verification Services and the following information will be disclosed by the Ministry:
(1) The number of the Permit for Electronic Verification Services;
(2) The name of the electronic verification service agency;
(3) The issuing administrative organ and the date of issuance. If there are any changes related to the electronic verification services, the Ministry of Information Industry shall make a disclosure in a timely manner. A Permit for Electronic Verification Services is valid for 5 years.
Article 11. Those who are granted a Permit for Electronic Verification Services shall begin the relevant registration procedures with the Administration for Industry and Commerce by presenting the Permit for Electronic Verification Services.
Article 12. Electronic verification service agencies that are deemed qualified for certification shall disclose the following information prior to providing electronic verification services on the Internet:
(1) Name of the agency and the legal representative;
(2) Business location and contact information;
(3) The number of the Permit for Electronic Verification Services;
(4) The issuing administrative organ and the date of issuance;
(5) The starting and ending dates of the validity of the Permit for Electronic Verification Services.
Article 13. Electronic verification service agencies that alter the name of the legal person, business location, registered capital, or legal representative during the period of the validity of the Permit for Electronic Verification Services shall disclose the altered information within 5 days after the alteration and file with the Ministry of Information Industry within 15 days after the disclosure.
Article 14. When a Permit for Electronic Verification Services expires and the electronic verification service agency wishes to request an extension of the term, the agency shall submit an application to the Ministry of Information Industry for an extension 30 days prior to the expiration date of the Permit, and shall disclose the relevant information within 5 days of the extension in accordance with Article 12 of this law.
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