eSignature Legality Guide
eSignature Legality in Vietnam
Electronic signatures are recognized as legally valid in Vietnam under Civil Code No. 91/2015/QH132015 dated 24 November 2015 (“CC 2015”), the Law on E-Transactions No. 51/2005/QH11 dated 29 November 2005 (“LET 2005”), and Government Decree No. 130/2018/ND-CP issued on 27 September 2018 (“Decree 130”).
E-Signature Legality Summary
According to CC 2015, civil transactions conducted electronically in the form of data messages are valid, and the law on electronic transactions governs the use of electronic signatures.
LET 2005 is the primary law regulating electronic records and signatures, confirming the legal effect of data messages and outlining the rights and responsibilities of electronic signature certification service providers, as well as the requirements for providing electronic signature services. Decree 130 provides detailed guidance on the implementation of LET 2005 regarding digital signatures and their authentication.
Types of Electronic Signature
LET 2005 defines an Electronic Signature as “a signature created in the form of words, letters, numbers, symbols, sounds, or other forms by electronic means, logically attached to or associated with a data message, and capable of identifying the person signing the data message and confirming their approval of its contents.”
Under LET 2005 and Decree 130, a Digital Signature is a specific type of electronic signature generated by transforming a data message using an asymmetric cryptosystem, allowing a person with the original data message and the signatory’s public key to verify: (i) that the transformation was made using the correct private key corresponding to the public key in the key pair; and (ii) that the content of the data message has remained unchanged since the transformation was applied.
Documents That May be Signed Electronically
CC 2015 does not restrict the use of Electronic Signatures. While LET 2005 and Decree 130 specifically recognize Digital Signatures as a form of Electronic Signature, other types of Electronic Signatures are generally accepted if the following conditions are satisfied:
- Identity: The method used to create the electronic signature can identify the signatory and indicate their approval of the document or contract’s content; and
- Reliability: The method used to create the electronic signature is sufficiently reliable and appropriate for the purpose for which the document or contract was created and sent.
CC 2015, LET 2005, and Decree 130 do not specify how the signatory’s identity should be verified.
Further Guidance
The following types of transactions have specific requirements or should be approached with caution when using Electronic or Digital Signatures:
- Contracts for the transfer of immovable property, construction contracts, loan agreements, and security contracts;
- Documents or contracts that require notarization;
- Documents or contracts that must be submitted to government agencies;
- Documents or contracts that require a seal;
- Powers of attorney and mandate contracts; and
- Sale and purchase contracts for certain assets that require ownership registration, which must be notarized to effect title registration with local authorities.
Digital Signatures are generally given higher evidentiary value, as they are specifically recognized under LET 2005 and Decree 130.
DISCLAIMER: The content provided on this website is for general informational purposes only and does not constitute legal advice. Laws and regulations may change rapidly, and DocuSign cannot ensure that all information presented here is up to date or accurate. If you have specific legal questions regarding any information on this site, please consult a qualified attorney in your jurisdiction.
Last updated: August 30, 2021