Overview of the Latest Regulations on Digital Signatures According to the Electronic Transactions Law

Understanding the latest regulations on digital signatures is essential for individuals and businesses engaged in electronic transactions or using digital contracts. This article highlights the key regulations in the 2023 Electronic Transactions Law, effective from July 1, 2024.

1. Classification of Digital Signatures

According to Clause 1, Article 22 of the 2023 Electronic Transactions Law, electronic signatures are classified based on their scope of use as follows:

• Specialized Electronic Signatures: Created by agencies/organizations to perform specific functions and responsibilities.
• Public Digital Signatures: Guaranteed by public digital signature certificates, widely used in public transactions.
• Official Specialized Digital Signatures: Guaranteed by official-use specialized digital signature certificates, intended for official activities within state agencies.

When is an electronic signature considered a digital signature?

2. Requirements for Digital Signatures

According to Clause 4, Article 22 of the 2024 Electronic Transactions Law, an electronic signature is recognized as a digital signature if it meets the following requirements:

• Identifies the signer and indicates their consent to the signed data message.
• Detects any alterations made to the data message after signing.
• Is uniquely associated with the signed content and controlled solely by the signer.
• The digital signature creation device must ensure:
  • The signature data is not collected, disclosed, or used for forgery.
  • The digital signature data is used only once.
• The digital signature must be certified by a digital certificate from a public or official-use certification service provider.

Is a digital signature legally valid?

3. Legal Validity of Digital Signatures

A digital signature is legally valid if it meets safety conditions in specific cases.

3.1 Conditions for a Safe Digital Signature

According to Article 9 of Decree 130/2018/ND-CP, a digital signature is deemed safe if:

• The signature is created while the digital certificate is valid and verifiable through the public key recorded in the certificate.
• The digital signature is created using a private key corresponding to the public key issued by a national digital signature certification organization or other licensed organizations.
• Only the signer has control over the private key at the time of signing.

3.2 Legal Value of Digital Signatures

According to Article 23 of the 2023 Electronic Transactions Law:

• An electronic signature cannot be denied legal validity solely because it is an electronic signature.
• Digital signatures and safe specialized electronic signatures have the same legal value as handwritten signatures.
• Data messages signed with a digital signature or the specialized electronic signature of an agency or organization may replace the official seals of these entities when required by law.

The legal value of digital signatures is further specified in Article 8 of Decree 130/2018/ND-CP, including:

• Data messages with a digital signature meet legal requirements where a signature is mandated.
• Digital certificates and signatures issued by foreign entities are legally equivalent to domestic digital certificates and signatures if approved for use in Vietnam.

This article by iSign summarizes the latest regulations on digital signatures under the 2023 Electronic Transactions Law, effective July 1, 2024, to help individuals and organizations comply with and conduct secure and legal electronic transactions.