Law of the People's Republic of China on Electronic Signature

（Adopted at the 11th Meeting of the Standing¹ Committee of the Tenth National people's Congress on August 28， 2004）

颁布日期：20040828 　实施日期：20050401 　颁布单位：全国人大常委会

　　Order of the President of the people's Republic of China

　　No.18

　　The Electronic Signature Law of the people's Republic of China， adopted at the 11th Meeting of the Standing Committee of the Tenth National people's Congress of the people's Republic of China on August 28， 2004， is hereby promulgated² and shall go into effect as of April1， 2005.

　　HU Jintao

　　President of people's Republic of China

　　August 28， 2004

　　Contents

　　Chapter ⅠGeneral Provisions

　　Chapter ⅡData Message

　　Chapter ⅢElectronic Signature and Certification

　　Chapter ⅣLegal Responsibility

　　Chapter ⅤSupplementary Provisions

　　Chapter Ⅰ

　　General Provisions

　　Article 1 This law is enacted⁴ in order to standardize⁵ acts of electronic signature， validate⁷ the legal effect of electronic signature， and safeguard the lawful⁸ rights and interests of the parties concerned.

　　Article 2 For the purposes of this law， electronic signature means the data in electronic form contained in and attached to a data message to be used for identifying the identity of the signatory and for showing that the signatory recognizes what is in the message.

　　The data message as mentioned in this law means the information generated， dispatched， received or stored by electronic， optical， magnetic or similar means.

　　Article 3 The parties concerned may agree to use or not to use electronic signature or data message in such documentations as contracts and other documents， receipts and vouchers¹⁰ in civil activities.

　　The legal effect of a document， with regard to which the parties concerned have agreed to use electronic signature or data message， shall not be denied only because the form of electronic signature or data message is adopted.

　　The provisions of the preceding paragraphs shall not be applicable to the following documents：

　　（1）documents relating to such personal relations as marriage， adoption¹¹ and succession；

　　（2）documents relating to the transfer of the rights and interests residing in such real estate as land and houses；

　　（3）documents relating to termination of such public utility services as water supply， heat supply， gas supply and power supply； and

　　（4）other circumstances where electronic documentation is not applicable， as provided for by laws and administrative¹² regulations.

　　Chapter Ⅱ

　　Data Message

　　Article 4 A data message， which can give visible expression to the contents carried and can readily be picked up for reference， shall be deemed to be the written form which conforms to the requirements of laws and regulations.

　　Article 5 Data messages that meet the following conditions shall be deemed to satisfy the requirements for the form of the original copies as provided for by laws and regulations：

　　（1）messages that can give effective expression to the contents carried and can readily be picked up for reference； and

　　（2）messages that can unfailingly guarantee that the contents remain complete and unaltered form the time when they are finally generated， And the completeness of the data messages shall not be affected¹³ when endorsements¹⁴ are added to the data messages or when their form are altered in the process of data interchange， storage and display.

　　Article 6 Data messages that meet the following conditions shall be deemed to satisfy the requirements for document preservation¹⁵ as provided for by laws and regulations：

　　（1）messages that can give effective expression to the contents carried and can readily be picked up fro reference；

　　（2）the format⁹ of the data messages is the same as the format when they are generated， dispatched or received， or although the format is not the same， the contents originally generated， dispatched or received can accurately¹⁶ be expressed.； and

　　（3）messages the addressers and receivers of which and the time of their dispatch and receipt can be identified.

　　Article 7 No data messages to be used as evidence shall be rejected simply because they are generated， dispatched， received or stored by electronic， optical， magnetic or similar means.

　　Article 8 The following factors shall be taken into consideration when the truthfulness¹⁸ of data messages to be used as evidence is examined：

　　（1）the reliability¹⁹ of the methods used for generating， storing or transmitting the data messages；

　　（2）the reliability of the methods used for keeping the completeness of the contents：

　　（3）the reliability of the methods for distinguishing the addressers； and

　　（4）other relevant factors.

　　Article 9 Any of the following data messages shall be deemed to be dispatched by the addresser：

　　（1）the data message is dispatched with authorization²⁰ of the addresser；

　　（2）the data message is dispatched automatically by the information system of the addresser； and

　　（3）verification of the data message made by the receiver in accordance with the method recognized by the addresser proves that the message is identical with the one dispatched.

　　If the parties concerned have agreed otherwise with regard to the matters specified²¹ in the preceding paragraph， such agreement shall be complied with.

　　Article 10 If confirmation²² of receipt of a data message is required pursuant to the provisions of laws and administrative regulations or the agreement reached between the parties concerned， such receipt shall be confirmed. When the addresser receives the confirmation of the receipt sent by the receiver， the data message shall be deemed to have been received.

　　Article 11 The time when a data message enters into a certain information system beyond the control of the addresser shall be deemed to be the time when the message is dispatched.

　　If a receiver designates a special system for receipt of a data message， the time when the message enters into the system as designated shall be deemed to be time when the said message is received； and if no special system is designated， the first time when the data message enters into any systems of the receiver's shall be deemed to be the time when the message is received.

　　If the parties concerned have agreed otherwise on the time of dispatch or the time receipt of data messages， such agreement shall be complied with.

　　Article 12 The principal business place of an addresser shall be the place of dispatch of data messages， and the principal business place of a receiver shall be the place of receipt of data messages. If there are no principal business places， their habitual²³ residences shall be the places of dispatch or receipt.

　　If the parties concerned have agreed otherwise on the place of dispatch or the place of receipt of data messages， such agreement shall be complied with.

　　Chapter Ⅲ

　　Electronic Signature and Certification

　　Article 13 If an electronic signature concurrently²⁴ meets the following condition， if shall be deemed as a reliable electronic signature：

　　（1）when the creation data of the electronic signature are used for electronic signature， it exclusively belongs to an electronic signatory；

　　（2）when the signature is entered， its creation data are controlled only by the electronic signatory；

　　（3）after the signature is entered， any alteration²⁵ made to the electronic signature can be detected； and

　　（4）after the signature is entered， any alteration made to the contents and form of a data message can be detected.

　　The parties concerned may also choose to use the electronic signatures which meet the conditions of reliability they have agreed to.

　　Article 14 A reliable electronic signature shall have equal legal force with handwritten signature or the seal.

　　Article 15 An electronic signatory shall have the creation data of his electronic signature well preserved. When an electronic signatory learns that the creation data of his electronic signature have got lost or may have got lost， he shall make it known to all the parties concerned in time， and terminate the use of such data.

　　Article 16 If an electronic signature needs to be verified by a third party， the electronic verification service established according to law shall provide such service.

　　Article 17 An electronic verification service shall meet the following conditions；

　　（1）having the professional technicians and managerial personnel suited for provision of electronic verification services；

　　（2）having the funds and business places suited for provision of electronic verification services；

　　（3）having the technology and equipment complying with the safety standards of the State；

　　（4）having the certificates for the use of the codes approved by the code control institution of the State； and

　　（5）other conditions prescribed by laws and administrative regulations.

　　Article 18 A person that intends to engage in electronic verification service shall make an application to the department in charge of the information industry under the State Council and submits the materials proving fulfillment of the conditions as specified by Article 17 of this law. Upon receiving the application， the department in charge of the information industry under the State Council shall examine it according to law and consult with the department in charge of commerce and other relevant departments under the State Council， before making a decision on whether to grant of deny approval within 45 days from the date it receives the application. If it grants approval， it shall inform the applicant²⁶ in writing of the fact and of reasons why.

　　The applicant shall， upon the strength of the license²⁷ of electronic verification， go through the formalities for enterprise registration²⁸ at the administrative department for industry and commerce according to law.

　　The electronic verification service that has been qualified²⁹ for verification shall， in accordance with the regulations of the department in charge of the information industry under the State Council， make public in the Internet such information as its name and the number of its license.

　　Article 19 The electronic verification service shall formulate³⁰ and publish its rules for electronic verification， which are in conformity³¹ with the relevant regulations of the State， and submit them to the department in charge of the information industry under the State Council for the record.

　　The rules for electronic verification shall include the matter such as the scope of liability， the norms for operation and the protective measures for information safety.

　　Article 20 Where an electronic signatory applier to an electronic verification service for the certificate f his electronic signature， he shall provide truthful¹⁷， complete and accurate information.

　　Upon receiving the application for certificate of the electronic signature， the electronic verification service shall check the identity of the applicant and examine the relevant materials.

　　Article 21 The certificate of an electronic signature issued by the electronic verification service shall be accurate and devoid³² of error， and the following items shall be accurate and devoid of error， and the following items shall clearly be stated therein：

　　（1）the name of the electronic verification service ；

　　（2）the name of the certificate holder³³；

　　（3）the serial³⁴ number of the certificate；

　　（4）the term of validity for the certificate；

　　（5）the validation³⁵ data of the electronic signature of the certificate holder；

　　（6）the electronic signature of the electronic verification service； and

　　（7）other items prescribed by the department in charge of the information industry under the State Council.

　　Article 22 An electronic verification service shall guarantee that the items is the certificate of and electronic signature are complete and accurate within the term of its validity， and guarantee the party relying on the electronic signature the ability t prove or to know the items stated in the certificate of the electronic signature and other relevant matters.

　　Article 23 If an electronic verification service intends to suspend or terminate the service， it shall， 90 days prior to the suspension or termination of service， notify the parties concerned of how to get continued services and of other relevant matters.

　　If an electronic verification service intends to suspend or terminate the service， it shall report to the department in charge of the information industry under the State Council 60 days prior to the suspension or termination of service， and shall make proper arrangements by negotiating with other electronic verification services on how carry on its business.

　　If an electronic verification service fails to reach an agreement with other electronic verification services on matters of how to carry on its business， it shall apply to the department in charge of the information industry under the State Council for arranging other electronic verification services to carry on its business.

　　If the license of electronic verification of an electronic verification service is revoked³⁶ according to law， its business shall be carried on in accordance with the regulations of the department in charge of the information industry under the State Council.

　　Article 24 An electronic verification service shall have the information relating to verification well preserved. The time limit for preservation of such information shall at least be five years after the certificate of the electronic signature ceases be valid⁶.

　　Article 25 The department in charge of the information industry under the State Council shall， in accordance with this Law， formulate the specific measures for administration of the electronic verification services and exercise supervision³⁷ over the electronic verification services according to law.

　　Article 26 Upon examination and approval by the department in charge of the information industry under the State Council on the basis of relevant agreements or the principle of reciprocity， the certificates of electronic signatures issued by overseas electronic verification services outside of the territory of the people's Republic of China shall have equal legal force with the one issued by the electronic verification services established in accordance with this Law.

　　Chapter Ⅳ

　　Legal Responsibility

　　Article 27 An electronic signatory who， having learnt that the creation data of his electronic signature have got lost or might have got lost， fails to notify in time the parties concerned of fact and to terminate the use of the same， who fails to provide the electronic verification service with truthful， complete and accurate information， or who makes other errors， thus causing losses to the party relying on the electronic signature and to the electronic verification service， shall bear the responsibility for compensation.

　　Article 28 Where an electronic signatory or the party relying on the electronic signature suffers losses due to engaging in civil activities on the basis of the electronic signature verified by an electronic verification service， and if the electronic verification service fails to prove that it is free from fault， the service shall bear the responsibility for compensation.

　　Article 29 Where a person provides electronic verification services without permission， the department in charge of the information industry under the State Council shall order him t desist from illegal act； the unlawful gains， if any， shall be confiscated³⁸； if such gains exceed RMB 300，000 Yuan， a fine of not less than one time but not more than three times the unlawful gains shall be imposed； and if there are no unlawful gains or the amount f such gains is less than 300， 000Yuan， a fine of not less than 100， 000 Yuan but not more than 300， 000 Yuan shall be imposed.

　　Article 30 Where an electronic verification service that intends to suspend or terminate electronic verification services fails to report to the department in charge of the information industry under the State Council 60 days prior to the suspension or termination of service， the said department shall impose a fine of not than 10，000 Yuan but not more than 50，000 Yuan on the person who is directly in charge of the service.

　　Article 31 Where an electronic verification service fails to observe the rules for verification， fails to have the information relating to verification well preserved， or commits other illegal acts， the department in charge of the information industry under the State Council shall order it to rectify³⁹ within a time limit； if it fails to comply at the expiration⁴⁰ of the time limit， its electronic verification license shall be revoked， and the persons who are directly in charge of the service and the other persons who are directly responsible shall be prohibited from engaging in electronic verification service within the period of 10 years. If an electronic verification license is revoked， the fact shall be made known to the public and the administrative department for industry and commerce shall be informed of the same.

　　Article 32 Where a person counterfeits⁴¹， copies or usurps⁴² the electronic signature of another person's which constitutes a crime， his criminal responsibility shall be investigated according to law； and if losses are caused to another person， he shall bear civil responsibility according to law.

　　Article 33 Where a staff member of the department in charge of supervision and administration over the electronic verification industry in accordance with license and exercising supervision and administration according to law， he shall be given and administrative sanction according to law； and if a crime is constituted， he shall be investigated for the criminal responsibility according to law.

　　Chapter Ⅴ

　　Supplementary³ Provisions

　　Article 34 The meanings of the following terms used in this law are：

　　（1）the electronic signatory means a person who holds the creation data of an electronic signature and produces the electronic signature either in person or on behalf of the person he represents；

　　（2）the relying party on the electronic signature means the person who engages in relevant activities on the basis of his trust in the certificate of the electronic signature or the electronic signature；

　　（3）the certificate of the electronic signature means a data message or other electronic records that can prove the connection between the electronic signatory and the creation data of the electronic signature；

　　（4） the creation data of an electronic signature means such data as the characters and codes that are used in the course of the electronic signature and that reliably connects the electronic signature with the electronic signatory； and

　　（5）the validation data of and electronic signature means the data used for verifying the electronic signature， including the code， password， algorithm and pubic key.

　　Article 35 The State Council or the departments specified by the State Council may， in accordance with this law， formulate specific measures for the use of the electronic signatures and data messages in administrative and other public activities.

　　Article 36 This Law shall go into effect as of April 1， 2005.

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收听单词发音

1 standing
n.持续，地位；adj.永久的，不动的，直立的，不流动的
参考例句：
After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。 They're standing out against any change in the law.他们坚决反对对法律做任何修改。

2 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。 来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。 来自辞典例句

3 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

4 enacted
制定（法律），通过（法案）( enact的过去式和过去分词 )
参考例句：
legislation enacted by parliament 由议会通过的法律 Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。 来自英汉文学 - 嘉莉妹妹

5 standardize
v.使符合标准，使标准化
参考例句：
We will extend and standardize legal services and provide effective legal aid.拓展和规范法律服务，积极开展法律援助。 There is a drive both to standardise components and to reduce the number of models on offer.正在为实现零部件标准化和减少推出的型号数量而努力。

6 valid
adj.有确实根据的；有效的；正当的，合法的
参考例句：
His claim to own the house is valid.他主张对此屋的所有权有效。 Do you have valid reasons for your absence?你的缺席有正当理由吗？

7 validate
vt.（法律）使有效，使生效
参考例句：
You need an official signature to validate the order.你要有正式的签字，这张汇票才能生效。 In order to validate the agreement,both parties sign it.为使协议有效，双方在上面签了字。

8 lawful
adj.法律许可的，守法的，合法的
参考例句：
It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。 We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

9 format
n.设计，版式；[计算机]格式，DOS命令:格式化(磁盘)，用于空盘或使用过的磁盘建立新空盘来存储数据；v.使格式化，设计，安排
参考例句：
Please format this floppy disc.请将这张软盘格式化。 The format of the figure is very tasteful.该图表的格式很雅致。

10 vouchers
n.凭证( voucher的名词复数 )；证人；证件；收据
参考例句：
These vouchers are redeemable against any future purchase. 这些优惠券将来购物均可使用。 This time we were given free vouchers to spend the night in a nearby hotel. 这一次我们得到了在附近一家旅馆入住的免费券。 来自英语晨读30分（高二）

11 adoption
n.采用，采纳，通过；收养
参考例句：
An adoption agency had sent the boys to two different families.一个收养机构把他们送给两个不同的家庭。 The adoption of this policy would relieve them of a tremendous burden.采取这一政策会给他们解除一个巨大的负担。

12 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

13 affected
adj.不自然的，假装的
参考例句：
She showed an affected interest in our subject.她假装对我们的课题感到兴趣。 His manners are affected.他的态度不自然。

14 endorsements
n.背书( endorsement的名词复数 )；（驾驶执照上的）违章记录；（公开的）赞同；（通常为名人在广告中对某一产品的）宣传
参考例句：
He must make much money on those tennis shoe endorsements he does. 他替那些网球鞋珍重广告，就赚了不少钱。 来自互联网 But celebrity endorsements remain an important promotional tool for marketers. 尽管如此，邀明星助阵仍是营销人员重要的推广手段之一。 来自互联网

15 preservation
n.保护，维护，保存，保留，保持
参考例句：
The police are responsible for the preservation of law and order.警察负责维持法律与秩序。 The picture is in an excellent state of preservation.这幅画保存得极为完好。

16 accurately
adv.准确地，精确地
参考例句：
It is hard to hit the ball accurately.准确地击中球很难。 Now scientists can forecast the weather accurately.现在科学家们能准确地预报天气。

17 truthful
adj.真实的，说实话的，诚实的
参考例句：
You can count on him for a truthful report of the accident.你放心，他会对事故作出如实的报告的。 I don't think you are being entirely truthful.我认为你并没全讲真话。

18 truthfulness
n. 符合实际
参考例句：
Among her many virtues are loyalty, courage, and truthfulness. 她有许多的美德，如忠诚、勇敢和诚实。 I fired a hundred questions concerning the truthfulness of his statement. 我对他发言的真实性提出一连串质问。

19 reliability
n.可靠性，确实性
参考例句：
We mustn't presume too much upon the reliability of such sources.我们不应过分指望这类消息来源的可靠性。 I can assure you of the reliability of the information.我向你保证这消息可靠。

20 authorization
n.授权，委任状
参考例句：
Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。 You cannot take a day off without authorization.未经批准你不得休假。

21 specified
adj.特定的
参考例句：
The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。 It is generated by some specified means. 这是由某些未加说明的方法产生的。

22 confirmation
n.证实，确认，批准
参考例句：
We are waiting for confirmation of the news.我们正在等待证实那个消息。