What is the classification of e-signatures in Vietnam

What is e-signatures?

Pursuant to the provisions of the Law on Electronic Transactions 2023 (taking effect on July 1, 2024), it can be understood that an electronic signature is a signature created in the form of electronic data attached or combined in a certain way. logic with the data message to authenticate the signing entity and confirm that subject's acceptance of the data message.

Classification of e-signatures in Vietnam

Pursuant to Clause 1 and Clause 4, Article 22 of the Law on Electronic Transactions 2023, e-signatures are classified by their scope of use, including:

- Special-use e-signatures are e-signatures designated and used by agencies and organizations for their particular purposes according with their functions and tasks;

- Public digital signatures are digital signatures used in public activities and secured by public digital signature certificates;

- Civil service digital signatures are digital signatures used in civil services and secured by civil service digital signature certificates;

The use of other authentication forms excluding e-signatures by electronic means to show signatories’ approval for data messages shall comply with other regulations of relevant laws.

Requirements for special-use e-signature in Vietnam

Pursuant to Clause 2, Article 22 of the Law on Electronic Transactions 2023, each special-use e-signature must fully satisfy the following requirements:

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

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

- 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.

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

What is the classification of e-signatures in Vietnam (Internet image)

The requirement for digital signature is an e-signature in Vietnam

Pursuant to Clause 3, Article 22 of the Law on Electronic Transactions 2023, a digital signature is an e-signature fully satisfying the following requirements:

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

- Digital signature creation data must solely accompany the approved data message;

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

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

- 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;

- 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.

Legal value of e-signatures in Vietnam

- 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.

Pursuant to: Article 23 of the Law on Electronic Transactions 2023

Mai Thanh Loi

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