Is an electronic signature legal in Vietnam?
Civil transactions performed electronically as data messages are valid, with the LET as the governing law. The LET recognizes electronic signatures generally, but only two types have legal validity equal to a wet signature: a digital signature (certificate-backed, asymmetric cryptography) and a “secure specialized electronic signature” (used internally by an agency or organization and certified by the Ministry of Information and Communications).
What types of electronic signature are recognized in Vietnam?
A digital signature must identify the signatory and show approval, be uniquely linked to the content and under the signer’s exclusive control at signing, be tamper-evident, be secured by a digital-signature certificate, and use a compliant device. A secure specialized electronic signature is for an organization’s own operations on its dedicated system.
What documents can be signed electronically in Vietnam?
An electronic signature is not denied effect merely for being electronic; a digital signature has the same validity as a handwritten signature when the LET conditions are met. Decree 23 requires both signer and recipient to verify the certificate’s status.
What documents cannot be signed electronically in Vietnam?
Use care (and often notarization, sealing, or a specific form) for immovable-property transfers and construction, loan, and security contracts; documents requiring notarization, government submission, or a seal; powers of attorney and mandates; and asset sales requiring ownership registration. The recipient bears responsibility if they fail to verify the certificate.
What court cases have addressed eSignatures in Vietnam?
Judgment No. 03/2024/DS-PT (Nghe An Provincial People’s Court)
