Measures for the Administration of Electronic Certification Services(2015 Revision)

Measures for the Administration of Electronic Certification Services(2015 Revision)

(Order No. 1 of the Ministry of Industry and Information Technology of the People's Republic of China on February 18, 2009; and amended in accordance with the Decision of the Ministry of Industry and Information Technology on Amending Some Rules by the Order No. 29 of the Ministry of Industry and Information Technology on April 29, 2015)

Chapter I General Provisions

Article 1 To regulate electronic certification services and supervise and administer electronic certification service providers, these Measures are formulated in accordance with the Electronic Signature Law of the People's Republic of China and other laws and administrative regulations.

Article 2 The term “electronic certification services” as mentioned in these Measures refers to the activities of providing authenticity and reliability verification for all the parties relevant to electronic signatures.

The term “electronic certification service provider” as mentioned in these Measures refers to a third party institution that provides electronic certification services for electronic signatures which need a third party certification (hereinafter referred to as the “electronic certification service institution”).

An electronic certification service institution providing services to the general public shall be formed according to law.

Article 3 These Measures shall apply to the formation of electronic certification service institutions within the territory of the People's Republic of China and the provision of electronic certification 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 MIIT) shall have the power to supervise and administer electronic certification service institutions and electronic certification services according to law.

Chapter II Electronic Certification Service Institutions

Article 5 An electronic certification service institution shall meet the following conditions:

1. Having the status of an independent enterprise legal person.

2. Having the personnel suitable for the provision of electronic certification services. There shall be no less than 30 professional technicians, operation management personnel, security management personnel and customer service personnel who engage in electronic certification services and meet the skill requirements of the relevant posts.

3. Having a registered capital of not less than 30 million yuan.

4. Having fixed business premises and a physical environment satisfying the requirements of electronic certification services.

5. Having the technologies and equipment meeting the relevant national safety standards.

6. Having the certification document of the state code management institution on a consent to the use of code.

7. Other conditions prescribed by laws and administrative regulations.

Article 6 To apply for a license for electronic certification services, the applicant shall submit the following materials to the MIIT:

1. A written application.

2. A certification on personnel.

3. The duplicate and photocopy of the business license for an enterprise legal person.

4. A certification of business premises.

5. The document issued by the relevant certification and testing institution of the state which declares that the technologies, equipment and physical environment meet the relevant national safety standards.

6. A certification that the state code management institution has consented to the use of code.

Article 7 The MIIT shall conduct a form examination of the application materials submitted by the applicant. If the application materials are complete and conform to the statutory form, it shall issue an acceptance notice to the applicant. If the application materials are incomplete or do not conform to the statutory form, it shall, on the spot or within 5 days, inform at one time the applicant of all required supplements and corrections.

Article 8 The MIIT shall conduct a substantive examination of the application materials which it decides to accept. If it is necessary to verify the relevant content, it shall assign two or more staff members to make a field verification.

Article 9 The MIIT shall, in writing, solicit the opinions of the Ministry of Commerce of the People's Republic of China and other relevant departments regarding the matters related to the applicant.

Article 10 The MIIT shall, within 45 days from the day of receipt of an application, make a written decision on whether to grant a license or not. If it decides not to grant a license, it shall notify the applicant of the decision in writing with reasons included; or if it decides to grant a license, it shall issue the License for Electronic Certification Services and announce the following information:

1. The serial number of the License for Electronic Certification Services.

2. The name of the electronic certification service institution.

3. The certificate-issuing organ and date of issuance.

Where any information related to the license for electronic certification services changes, the MIIT shall announce such changes in a timely manner.

The License for Electronic Certification Services shall be valid for five years.

Article 11 No electronic certification service institution may resell at a profit, lease out, lend or illegally transfer in any other form a License for Electronic Certification Services.

Article 12 An electronic certification service institution which has obtained the certification qualification shall, before providing electronic certification services, release the following information via the Internet:

1.Its name and legal representative.

2. Its domicile and contact information.

3.The serial number of its License for Electronic Certification Services.

4.The ......