Conditions to ensure security of e-signatures in Vietnam

Conditions to ensure security of e-signatures in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on e-signatures in Vietnam

According to Article 21 of the Law on E-Transactions 2005, e-signatures are regulated as follows:

-  An e-signature is established in the form of words, letters, numerals, symbols, sounds or other forms by electronic means, logically attached or associated with a data message and capable of certifying the person who has signed the data message as well as the approval of such person to the content of the signed data message.

- An e-signature shall be considered secured if it satisfies the conditions stipulated in (1) of Section 2

- E-signatures may be certified by e-signature certification service providing organizations.

2. Conditions to ensure security of e-signatures in Vietnam

Conditions to ensure security of e-signatures according to Article 22 of the Law on E-Transactions 2005 are as follows:

(1) An e-signature is considered secured if it is verified by a security verifying process agreed upon by transacting parties and satisfying the following conditions:

- E-signature creation data are attached only to the signatory in the context that such data are used;

- E-signature creation data are under the control of only the signatory at the time of signing;

- All changes to the e-signature after the time of signing are detectable;

- All changes to the contents of the data message after the time of signing are detectable.

(2) E-signatures certified by e-signature certification service-providing organizations shall be considered having satisfied the security conditions mentioned in (1).

3. Principles of using e-signatures in Vietnam

Principles of using e-signatures according to Article 23 of the Law on E-Transactions 2005 are as follows:

- Unless otherwise provided for by law, the parties to a transaction have rights to reach agreement:

+ To use or not to use e-signatures to sign data message in the transaction process;

+ To use or not to use the certified e-signature;

+ To select an e-signature certification service-providing organization in cases where there is an agreement on the use of the certified e-signature.

- E-signatures of state agencies must certified by e-signature certification service providing organizations defined by competent state agencies.

4. Legal validity of e-signatures in Vietnam

According to Clauses 1 and 2, Article 24 of the Law on E-Transactions 2005, the legal validity of e-signatures is as follows:

- Where the law requires a document to be signed, such requirement with respect to a data message shall be considered having been met if an e-signature used for signing such data message satisfies the following conditions:

+ The method of creating the e-signature permits of identifying the signatory and indicating his/her approval of the contents of the data message;

+ Such method is sufficiently reliable and appropriate to the purpose for which the data message was originated and sent.

- Where the law requires a document to be stamped with seal of the concerned agency or organization, such requirement with respect to a data message shall be considered having been met if the data message has an e-signature of the agency or organization that satisfies the conditions stipulated in Clause 1, Article 22 of the Law on E-Transactions 2005 and the e-signature is certified.

Quoc Dat

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