Legality of eSignatures in Vietnam

Background

As technological advancement accelerates, there is a growing need for modern signature verification methods on documents, prompting a surge in interest in using electronic signatures. These digital techniques offer quick and eco-friendly ways to execute documents, reduce paper use, and accelerate transactions. This holds not just in Vietnam but also globally.

When conducting business in Vietnam, selecting an electronic signature provider that adheres to the country's legal framework is essential, especially the Law on Electronic Transactions No. 20/2023/QH15.¹ The regulation confirms that electronic signatures shall not be denied legal validity solely because they are concluded or executed through automated information systems without human intervention or because they are in electronic form.² However, some documents may still mandate a physical signature and, due to varying local regulations, seeking advice from legal experts is advisable.

The security features offered by the electronic signature service are paramount. Providers must guarantee robust security through encryption, authentication protocols, and comprehensive audit trails to prevent unauthorized access and safeguard document integrity. BoldSign complies with these stringent security demands to uphold regulatory conformity and reinforce security.

In conclusion, electronic signatures are broadly recognized and provide considerable benefits. For successful deployment in Vietnam, it is crucial to choose solutions that adhere to the legal norms, guarantees security, and are user-friendly.

Overview of electronic signature regulations in Vietnam

Operations regarding the use of electronic signatures in Vietnam are regulated by:

• Law on Electronic Transactions No. 20/2023/QH15 dated June 22, 2023, of the National Assembly, effective from July 1, 2024.
• Decree No. 23/2025/ND-CP on Electronic Signatures and Trust Services, dated 21 February 2025 and effective 10 April 2025.³
• Circular No. 06/2024/TT-BTTTT, dated 1 July 2024 and effective 15 August 2024.⁴

The regulations provide that an electronic signature is not legally invalidated simply because it is in electronic form. A secure, specialized electronic signature or a digital signature has legal validity equivalent to the individual’s signature on a paper document.⁵ Also, where the law requires a document to be certified by an agency or organization, that requirement is considered met for a data message if the data is signed with a secure, specialized electronic or digital signature.

The regulations classify electronic signatures into the following categories:

• Simple electronic signatures
• Specialized electronic signatures
• Digital signatures

A simple electronic signature is a signature created in the form of electronic data logically attached to or combined with a data message to verify the signatory and confirm their acceptance of the data message.

Specialized electronic signatures are electronic signatures created and used exclusively by agencies and organizations for their own activities, in accordance with their functions and duties. Specialized electronic signatures must meet the following requirements:⁶

• Verify the signatory and confirm the signatory’s consent to the data message
• The data used to create a specialized electronic signature is uniquely linked to the content of the approved data message.
• The data used to create specialized electronic signatures is under the sole control of the signatory at the time of signing.
• The validity of a specialized electronic signature can be verified under conditions agreed upon by the participating parties.

Verify the signatory

The process used to create the signature must be capable of identifying the person signing. This may include using a biometric signature, personal identification number (PIN), email address, or company registration number.

Uniquely linked to the signatory

A specialized electronic signature must be uniquely connected to the signer using it. The signature must be created using methods only the signer can access, such as a private key and confidential information, to verify their identity.

Use and incorporation remain in their sole control

The person using the specialized electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent unauthorized signature forgery.

Track down any alterations made after signing

It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s IP address, timestamps of key signing events, and location, providing proof of identity, timing, and signature place. This also helps establish any alterations to the signature.

A digital signature is an electronic signature that uses an asymmetric key algorithm, consisting of a private key and a public key. The private key is used for digital signing and the public key is used to verify the digital signature. Digital signatures guarantee the authenticity, integrity, and non-repudiation of the data message.⁷ A digital signature is an electronic signature that meets the following requirements:

• Verify the signatory and confirm their consent to the data message
• The data used to create the digital signature is uniquely linked to the content of the approved data message.
• The data used to create the digital signature is under the sole control of the signatory at the time of signing.
• Any changes to the data message after signing may be detected
• Must be secured by a digital signature certificate. In the case of a digital signature used for official purposes, it must be secured by a digital signature certificate issued by an organization that provides digital signature certification services for official purposes.
• The means of creating digital signatures must ensure that the data used to create the digital signature is not disclosed, collected, or used for the purpose of forging signatures; ensure that the data used to create the digital signature can only be used once; and not alter the data to be signed.
• Statutory compliant certificate at the time of signing
• The integrity of the data has not been compromised

The Electronic Transactions Act further provides for a public digital signature, which is a digital signature used in public activities and secured by a public digital signature certificate.⁸ A public digital signature must be secured by a digital signature certificate issued by an organization that provides digital signature certification services for public purposes and is provided to a specific subscriber.

Summary analysis

Law on Electronic Transactions No. 20/2023/QH15 dated June 22, 2023 and Decree No. 23/2025/ND-CP on Electronic Signatures and Trust Services, dated 21 February 2025

Recognition of foreign electronic signatures in Vietnam

Foreign electronic signatures and certificates are recognized in Vietnam when they comply with Vietnamese technical standards, internationally recognized standards, or applicable international treaties, and are based on fully verified identifying information.⁹

Recognition applies to foreign organizations and individuals, as well as Vietnamese parties conducting cross-border electronic transactions when certificates issued by Vietnamese providers are not recognized in the relevant foreign country. Foreign certification service providers must also meet prescribed requirements, including lawful establishment, technical auditing, certificate-status updates within Vietnam’s trusted system, and maintaining a representative office in Vietnam.

The Minister of Information and Communications is responsible for specifying the detailed requirements and procedures for recognizing foreign electronic signature certification service providers, foreign electronic signatures, and foreign electronic signature certificates in Vietnam.

Scope and limitations of electronic signature transactions

Electronic signature validity varies by document type, making them suitable for some transactions but not others. A detailed analysis and a summary table of such transactions are provided below.

Documents that can be signed

Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:

• Human resources
• Procurement
• Non-disclosure agreements (assuming they are contracts, not formal deeds)
• Public petitions
• Internal correspondences
• End-user licenses
• Educational field
• Offer letters

Exempted transactions

The law on electronic transactions does not expressly identify any category of transactions that cannot be executed electronically. However, the Act provides that where another law prohibits a particular transaction from being conducted electronically, that law prevails.¹⁰ Thus, caution should be exercised when completing the following transactions:

• Wills and codicils
• Testamentary trust documents
• Family law transactions such as marriage, divorce, adoption, birth or death documents.
• Ownership and other property (Conveyancing)
• Inheritance transactions

Summary scope

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with Vietnam’s eSignature laws:

• Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer's email address. This ensures that the document is only accessed by the intended signer and cannot be tampered with.
• Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds another layer of security to the signing process.
• Audit trail: The IP address of the signer and timestamps for all significant events in the signing process are recorded in an audit trail. This provides a record of who signed the document, when, and where.
• Digital signature: The final document is digitally signed with an AATL-compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
• Consent: Signers are asked to confirm their intent to sign electronically and are informed that they could opt out. This ensures that the signer is aware of the implications of signing electronically and has given their consent.
• Custom terms: Get your signers to agree to a custom set of terms. This can be useful to ensure additional security and that the signer understands the terms of the document.
• QES compliance: BoldSign offers qualified electronic signatures (QES) that verify the signer's identity and help ensure documents are legally binding. These signatures provide the highest level of e-signature security, protecting important documents from unauthorized changes. For cross-border transactions involving Vietnam, BoldSign helps users manage and sign documents electronically while supporting compliance with applicable Vietnamese legal requirements.

Disclaimer: The information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.

However, Syncfusion’s officers, directors, stockholders, affiliates, attorneys, accountants, employees, or agents cannot provide legal advice. You should consult your personal attorney regarding your specific legal questions. Laws and regulations are subject to frequent changes, and the information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied, or statutory, including representations, guarantees, warranties of merchantability, fitness for a particular purpose, or accuracy.

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