Measures for the Administration of Electronic Verification Services
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Chapter 5. Certificate of Verified Electronic Signatures
Article 28. The certificate of verified electronic signatures shall accurately and explicitly convey the following contents:
(1) The name of the electronic verification service agency that issues the Certificate of Verified Electronic Signatures;
(2) The name of the Certificate holder;
(3) The serial number of the Certificate;
(4) The period of validity of the Certificate;
(5) The verifying data of the electronic signatures of the Certificate holder;
(6) The electronic signatures of the electronic verification service agency;
(7) Other contents required by the Ministry of Information Industry.
Article 29. The electronic verification service agency may revoke a Certificate of Verified Electronic Signatures contingent on any of the following circumstances:
(1) The Certificate holder requests cancellation of the Certificate;
(2) The information provided by the Certificate holder is not authentic;
(3) The Certificate holder does not perform the required responsibilities as stated in the bilateral contract;
(4) The safety of the Certificate cannot be guaranteed;
(5) Other circumstances stipulated by law and regulations.
Article 30. The electronic verification service agency shall verify provided material relevant to the identification of the applicant and shall examine relevant documents when any of the following circumstances applies:
(1) The applicant is applying for a Certificate of Verified Electronic Signatures;
(2) The Certificate holder is applying for the renewal of a Certificate;
(3) The Certificate holder is requesting the cancellation of a Certificate.
Article 31. The electronic verification service agency shall make an announcement when it renews or revokes a Certificate of Verified Electronic Signatures.
Chapter 6. Oversight and Administration
Article 32. The Ministry of Information Industry shall perform annual inspections of electronic verification service agencies and shall publicly release the results of the inspection.
Article 33. Electronic verification service agencies with a Permit for Electronic Verification Services may not lower the qualification standards required at the time of establishment during the period of validity of the Permit for Electronic Verification Services.
Article 34. The electronic verification service agency shall report the status of verification activity and relevant material timely and accurately in accordance with the requirements of information statistics of the Ministry of Information Industry.
Article 35. The electronic verification agency shall offer job training to its employees.
Article 36. In light of the needs of supervision and administration, the Ministry of Information Industry may entrust relevant administrations in charge of the information industry in the provinces, autonomous regions, and autonomous municipalities with specific issues of oversight and administration.
Chapter 7. Penalties
Article 37. Electronic verification agencies that conceal information, provide fraudulent documents, or refuse to provide authentic material on the activities shall be reprimanded and ordered to make a correction within a time limit by the Ministry of Information Industry in accordance with its authority, and shall be given a warning, or a fine ranging from 5,000 – 10,000 yuan.
Article 38. Staff persons working for the Ministry of Information Industry and at administrations in charge of the information industry in the provinces, autonomous regions, and autonomous municipalities who do not lawfully perform their duty of oversight and administration shall receive administrative punishment such as reprimands, demerits major demerits demotions, removal from office, or dismissal respectively contingent on the seriousness of the malpractice from the Ministry of Information Industry and the administrations in charge of the information industry of the provinces, autonomous regions, and autonomous municipalities in accordance with their authority. When the malpractice is serious enough to be considered a crime, the staff at fault shall bear criminal liabilities.
Article 39. Electronic verification service agencies that violate Article 16 or Article 27 of this law shall be reprimanded and ordered to make a correction within a time limit by the Ministry of Information Industry in accordance with its authority. A fine of less than 10,000 yuan, or a warning, or both may be concurrently imposed.
Article 40. Electronic verification service agencies that violate Article 23 of this law shall be reprimanded and ordered to make a correction within a time limit by the Ministry of Information Industry in accordance with its authority and shall be fined by an amount less than 30,000 yuan.
Chapter 8. Supplementary Provisions
Article 41. Agencies that already provided electronic verification services prior to the implementation of this law and intend to continue electronic verification services shall obtain a Permit for Electronic Verification Services in accordance with this law by September 30, 2005; if the agencies intend to discontinue their electronic verification services, they shall make arrangements regarding discontinuation of the activity. Those that do not obtain a Permit for Electronic Verification Services may not continue to provide electronic verification services as of October 1, 2005.
Article 42. With the approval of the Ministry of Information Industry in accordance with the relevant protocols or the principles of reciprocity, certificates of verified electronic signatures issued abroad by foreign electronic verification service agencies have the same legal binding force as those issued by electronic verification service providers established by this law.
Article 43 This law shall be implemented as of April 1, 2005.
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