Legal basis

• Law on Electronic Transactions 2005
• Decree 130/2018/ND-CP of the Government dated September 27, 2018 guiding the Law on Electronic Transactions on digital signatures and digital signature authentication services

Content

Electronic signatures have many advantages over hand-signatures, but whether digital signatures have legal validity is often a question posed by many individuals and organizations. Currently, many countries around the world have legal systems and regulations to regulate electronic signatures and all recognize the legal value of this type of signature.

Article 24 of the 2005 Law on Electronic Transactions recognizes the legal value of electronic signatures. Accordingly, in cases where a document requires a signature by law, that requirement for a data message is considered fulfilled if the electronic signature used to sign the data message meets the following requirements. the following conditions:

(i) A method of generating an electronic signature that allows the signer to be verified and to demonstrate the signer’s acceptance of the data message content;

(ii) The method is sufficiently reliable and suitable for the purpose for which the data message is generated and sent.

In cases where the law requires a document to be stamped by an agency or organization, that requirement for a data message is considered fulfilled if that data message is signed by the agency’s electronic signature. agencies or organizations that satisfy the following conditions:

(i) Electronic signature generation data is only associated with the signer in the context in which the data is used;

(ii) The data to create an electronic signature is under the control of the signer only at the time of signing;

(iii) Any changes to an electronic signature after the time of signing are detectable;

(iv) Any change to the content of the data message after the time of signing is detectable.

According to the provisions of Article 8 of Decree 130/2018/ND-CP of the Government dated September 27, 2018 guiding the Law on Electronic Transactions on digital signatures and digital signature authentication services, there are specific regulations More about the legal value of electronic signatures are as follows:

“1. In cases where a document requires a signature by law, the requirement for a data message is considered fulfilled if the data message is signed with a digital signature and the digital signature is secure. according to the provisions of Article 9 of this Decree.

2. Where a document is required by law to be stamped by an agency, that requirement for a data message is considered fulfilled if the data message is signed by the agency’s digital signature. , organization, and that digital signature is secure according to the provisions of Article 9 of this Decree.

3. Foreign digital signatures and digital certificates licensed for use in Vietnam under the provisions of Chapter V of this Decree have the same legal validity and validity as digital signatures and digital certificates provided by organizations Vietnam’s public digital signature certification service”.

Thus, the current Vietnamese law has specific provisions recognizing the validity of electronic signatures and digital signatures.

Above is our consultancy about this issue. If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nguyen Duc Trong via hotline: 0912.35.65.75, 0912.35.53.53 or call the free legal consultation hotline 1900.6575 or send a service request via email: info@hongbanglawfirm.com hoặc lienheluathongbang@gmail.com

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