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GB/T 36298-2018Electronic contract to conclude the process specification (English PDF)

电子合同订立流程规范

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Issued by

SAMR; SAC

Level / Type

National · Recommended

Issue date

June 7, 2018

Implementation date

October 1, 2018

Scope

GB/T 36298-2018 is the English-translated version of 电子合同订立流程规范.

GB/T 36298-2018 specifies the process by which electronic contracts are concluded through a third-party electronic contract service platform.

It sets the principles for concluding an electronic contract and then describes, with flowcharts and tables, the business processes for identity registration, identity authentication, contract signing, and the search, download and verification of signed contracts, together with the supporting business processes and an extension method.

It applies to the construction and development of third-party electronic contract service platforms and to parties, two or more, that sign electronic contracts through such platforms.

Its definitions include electronic contract, offer, acceptance and the parties to the offer, and it refers to GB/T 9387.2, GB/T 25069, SB/T 11009 and the X.509 authentication framework. It was issued on 7 June 2018 and has applied since 1 October 2018.

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Document preview — GB/T 36298-2018

National Standard of the People's Republic of China

ICS
35.240.60
Classification
A 10

Issued by: State Administration for Market Regulation; Standardization Administration of the PRC

Contents

  • Preface
  • 1 Scope
  • 2 Normative references
  • 3 Terms and Definitions
  • 4 Principle
  • 5 Flowchart and Table Description
  • 6 Conclusion of Electronic Contracts and Business Processes
  • 7 Identity Registration Business Process and Description
  • 8 Identity Authentication Business Process and Description
  • 9 Electronic Contract Signing Business Process and Description
  • 10 Electronic Contract Search, Download, and Verify Business Processes and Descriptions
  • 11 Electronic Contracts Supporting Business Processes
  • 12 Extension Method

Foreword

This standard was drafted in accordance with the rules given in GB/T 1.1-2009.

1 Scope

This standard specifies the principles for the conclusion of electronic contracts, the formation of electronic contracts and business processes, identity registration, identity authentication, electronic integration Business processes and descriptions signed, electronic contract inquiries, download and verification business processes and descriptions, electronic contract support business processes, and Extension method.

This standard applies to the construction and development of third-party electronic contract service platforms, as well as the contracting parties, three parties or more parties through third-party platforms. Signing of electronic contract activities. The electronic contract business may be entered into by other means.

2 Normative references

The following documents are indispensable for the application of this document. For dated references, only dated versions apply to this document. For undated references, the latest version (including all amendments) applies to this document.

GB/T 9387.2-1995 Information Processing System Open System Interconnection Basic Reference Model Part 2. Security Architecture

GB/T 25069-2010 Information Security Technical Terms

SB/T 11009-2013 Electronic Contract Online Development Process Specification

Open System Interconnection of X.509 Information Technology. Authentication Framework

3 Terms and Definitions

The definitions of GB/T 9387.2-1995, GB/T 25069-2010, SB/T 11009-2013 and the following terms and definitions apply.

This document. For ease of use, the following is a repeated listing of GB/T 9387.2-1995, GB/T 25069-2010, SB/T 11009-2013 Some of the terms and definitions.

3.1 Electronic contract

The natural persons, legal persons, and other organizations that are equal entities use data messages as their carrier, and establish, change, and terminate them using electronic communication means. Agreement on civil rights and obligations.

Note: Rewrite SB/T 11009-2013, Definition 3.1.

3.2 Offer

Hope to conclude the contract with others.

3.3 Acceptance

Accept the meaning of the offer.

3.4 Electronic Contract Offeror

In the process of entering into an electronic contract, a party to whom the offer is made.

......
This preview omits tables, figures, formulas and parts of the technical clauses. The complete document — 33 pages — is available in the English PDF.

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