Is it permissible for the notary office to authenticate e-signatures in Vietnam?

Is it permissible for the notary office to authenticate e-signatures in Vietnam?

Pursuant to Article 30 of the Law on E-transactions in 2005 stipulating e-signature certification service-providing organizations in Vietnam as follows: 

1. E-signature certification service-providing organizations include public e-signature certification service-providing organizations and specialized e-signature certification service-providing organizations which are authorized to carry out e-signature certification activities in accordance with the provisions of law.

2. A public e-signature certification service-providing organization is an organization providing e-signature certifications services to agencies, organizations or individuals for use in public activities. Activities of providing public e-signature certification services are conditional business activities as provided for by law.

3. A specialized e-signature certification service-providing organization is an organization providing e-signature certification services to agencies, organizations or individuals for use in specialized activities or domains. Activities of providing specialized e-signature certification services must be registered with state management bodies in charge of e-signature certification services.

4. The Government shall specify the establishment, organization, business registration, operation and mutual recognition of e-signature certification service-providing organizations defined in Clauses 2 and 3 of this Article.

As regulations above, e-signature certification service-providing organizations include public e-signature certification service-providing organizations and specialized e-signature certification service-providing organizations which are authorized to carry out e-signature certification activities. Notary offices are permissible to authenticate e-signatures as long as they satisfy the above regulations.

What are rights and obligations of e-signature authentication service-providing organizations in Vietnam?

Pursuant to Article 31 of the Law on E-transactions in 2005 stipulating rights and obligations of e-signature authentication service-providing organizations in Vietnam as follows: 

1. E-signature certification service-providing organizations shall have the following rights and obligations:

a) To carry out the e-signature certification service activities specified in Article 28 of this Law;

b) To comply with the provisions of law on e-signature certification service-providing organizations;

c) To use reliable technical equipment systems, processes and resources to perform their tasks;

d) To guarantee the accuracy and integrity of fundamental contents of e-certificates they have issued;

e) To publicize information on e-certificates, which have been issued, extended, suspended, restored or revoked;

f) To provide appropriate facilities to enable the e-signature-accepting parties and competent state agencies to rely on e-certificates to ascertain the origin of data messages and e-signatures;

g) To notify the relevant parties of incidents which affect the certification of e-signatures.

h) To publicize and notify the e-certificate grantees, and relevant management agencies of the suspension or termination of their operation within 90 days prior thereto.

i) To archive information related to e-certificates they have issued for at least five years after such e-certificates become invalid.

j) Other rights and obligations as provided for by law.

2. The Government shall specify the rights and obligations of e-signature certification service-providing organizations defined in Clause 1 of this Article.

Best regards