Vietnam’s regulations on legal validity of digital signatures

Duy Thinh

15:13, 02/10/2018

Digital signatures are legally valid for data messages of documents that are required by law to be signed or stamped by individuals, agencies or units. However, Decree No. 130/2018/NÐ-CP of Vietnam’s Government has supplemented conditions to ensure security for digital signatures.

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To be specific:

- Where the law defines that a document is 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 as prescribed in Article 9 of Decree No. 130/2018/NÐ-CP of Vietnam’s Government.

- 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 as prescribed in Article 9 of Decree No. 130/2018/NÐ-CP of Vietnam’s Government.

- Foreign digital signatures and digital certificates licensed in Vietnam as prescribed in Chapter V of Decree No. 130/2018/NÐ-CP are legally valid and effective as digital signatures and digital certificates granted by public certification authorities of Vietnam.

Thus, in comparison with current regulations, documents expressed through data have legal value in addition to being signed with a digital signature, they must ensure that the digital signature meets the safety requirements as prescribed in Article 9 of Decree No. 130/2018/NÐ-CP of Vietnam’s Government.

Article 9. Conditions to ensure security for digital signatures

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

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

2. 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:

a) Root Certification Authority;

b) Specialized certification authorities of the Government;

c) Public certification authorities;

d) Specialized certification authorities of agencies and organizations issued with certificates of eligibility for special-use digital signature security as prescribed in Article 40 of this Decree.

3. Private Key is only under the control of the signer at the time of signing.

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