Vietnam: Legal validity of digital signatures

According to Decree No. 130/2018/NÐ-CP of Vietnam’s Government:

- Where the law defines that a document required to be signed, the requirement for a data message is considered as met if the data message is signed with digital signature and such digital signature is adequately secured.

- Where the law defines that a document required to be stamped by the agency, organization, such requirement for a data message is considered as met if the data message is signed by digital signature of the agency or organization and such digital signature is adequately secured.

- Foreign digital signatures and digital certificates licensed in Vietnam are legally valid and effective as digital signatures and digital certificates granted by public certification authorities of Vietnam.

Moreover, the digital signatures are considered as secured electronic signatures if they meet the following conditions:

- The digital signatures are created during the valid period of digital certificates and inspected by the public key recorded on such valid digital certificates.

- The digital signatures are created by using the private key corresponding to public key recorded on digital certificates granted by one of the following authorities:

+ Root Certification Authority;

+ Specialized certification authorities of the Government;

+ Public certification authorities;

+ Specialized certification authorities of agencies and organizations issued with certificates of eligibility for special-use digital signature security.

In particular, the private Key is only under the control of the signer at the time of signing.

View more details at Decree No. 130/2018/NÐ-CP of Vietnam’s Government, effective from November 15, 2018.

-Thao Uyen-

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