06 requirements for a digital signature to be determined an e-signature from 01/7/2024 in Vietnam

06 requirements for a digital signature to be determined an e-signature from 01/7/2024 in Vietnam

Pursuant to Clause 3 Article 22 of the Law on Electronic Transactions in 2023 stipulating 06 requirements for a digital signature to be determined an e-signature from 01/7/2024 in Vietnam as follows:

1) The signature must be added to recognize the signatory and assert the signatory’s approval for the data message;

2) Digital signature creation data must solely accompany the approved data message;

3) Digital signature creation data must be under the sole control of the signatory at the point of time when the signature is added;

4) All changes of the data message after adding the signature are detectable;

5) The signature must be secured by a digital signature certificate. A civil service digital signature must be secured by a digital signature certificate of a civil service digital signature authentication service provider. A public digital signature must be secured by a digital signature certificate of a public digital signature authentication service provider;

6) Signature creation device is responsible for qualifying that digital signature generation data must remain confidential, unique and protected from forgery; and data used to generate the digital signature is designed to be used only once; and it does not affect the data to be signed.

What are regulations on legal value of e-signatures in Vietnam?

Pursuant to Article 23 of the Law on Electronic Transactions in 2023 stipulating legal value of e-signatures in Vietnam as follows:

Legal value of e-signatures

1. E-signatures cannot have their legal value disclaimed for the sole reason that they are expressed in the form of e-signatures.

2. Special-use qualified e-signatures or digital signatures have legal value equivalent to handwritten signatures of individuals on printed documents.

3. Where any law requires a document to be authenticated by a specific agency or organization, it will be considered that a data message has fulfilled such requirement if it is signed by a special-use qualified e-signature or a digital signature of such agency or organization.

As regulations above, legal value of e-signatures in Vietnam is as follows:

- E-signatures cannot have their legal value disclaimed for the sole reason that they are expressed in the form of e-signatures.

- Special-use qualified e-signatures or digital signatures have legal value equivalent to handwritten signatures of individuals on printed documents.

- Where any law requires a document to be authenticated by a specific agency or organization, it will be considered that a data message has fulfilled such requirement if it is signed by a special-use qualified e-signature or a digital signature of such agency or organization.

What are requirements for special-use e-signatures from 01/7/2024 in Vietnam?

Pursuant to Clause 2 Article 22 of the Law on Electronic Transactions in 2023 stipulating requirements for special-use e-signatures from 01/7/2024 in Vietnam as follows:

E-signatures

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2. Each special-use e-signature must fully satisfy the following requirements:

a) The signature must be added to recognize the signatory and assert the signatory’s approval for the data message;

b) Data used to generate the special-use e-signature must solely accompany the approved data message;

c) Data use to generate the special-use e-signature must be under the sole control of the signatory at the point of time when the signature is added.

d) Effect of the special-use e-signature can be checked under certain conditions agreed by the parties.

As regulations above, from 01/7/2024, each special-use e-signature must fully satisfy the following requirements:

1. The signature must be added to recognize the signatory and assert the signatory’s approval for the data message;

2. Data used to generate the special-use e-signature must solely accompany the approved data message;

3. Data use to generate the special-use e-signature must be under the sole control of the signatory at the point of time when the signature is added.

4. Effect of the special-use e-signature can be checked under certain conditions agreed by the parties.

Note: the Law on Electronic Transactions in 2023 takes effect from 01/7/2024.

Best regards!