The Legality of eSignatures in Vietnam

Documents that can be signed electronically

CC 2015 does not restrict the use of e-signatures, although the LET 2005 and Decree 130 only recognise a digital signature as a type of e-signature. An electronic signature that isn’t a digital signature is typically accepted if the below criteria are met:

• The method of creating the signature can identify the signer and confirm their approval of the document’s contents and 
• The method is suitably reliable and appropriate for the purpose for which the document was created and sent.

None of the three regulations stipulate specific guidance on how the signer’s identity should be captured.

Electronic signature guidance

The transactions below either have specific requirements or caution should be taken before using electronic or digital signatures:

• Documents or contracts to be notarised
• Documents or contracts that must be sealed
• Contracts for transfer of immovable assets, construction contracts, loan contracts, and security contracts
• Documents or contracts that must be submitted to government authorities
• Powers of attorney and contracts of mandates
• Sale and purchase contracts of certain assets

Types of e-signature permitted in Vietnam

The LET 2005 defines an electronic signature as “a signature created in the form of words, numerals, letters, sounds, symbols, or other forms by electronic means, which are linked or attached to a data message.” This signature must be capable of certifying both the identity of the signer and their approval of the content within the signed message.

Additionally, the LET 2005 and Decree 130 define a digital signature as a specific type of electronic signature. It is generated through the transformation of a data message using a cryptosystem, where both the sender’s private key and the public key of the signer allow for the verification that the transformation was made by the correct private key. Furthermore, it ensures the integrity of the data message content from the moment the transformation is applied.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

• Civil Code

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction. 

Last Updated 9th October 2024