You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

July 10, 2025

Regulations on E-signatures and Trust Services in Vietnam

Subscribe to Updates

For companies and individuals doing business in Vietnam, a common question is whether electronic signatures (e-signatures) are legally recognized under Vietnamese law. This matter is governed by Law No. 20/2023/QH15 on Electronic Transactions issued on June 22, 2023 (ETL 2023) and its guiding legal documents such as Decree No. 23/2025/ND-CP dated February 21, 2025, and Circular 06/2024/TT-BTTTT dated July 1, 2024 (Circular 06).

Recognition of Validity of E-signatures in Vietnam

As a general principle, the ETL 2023 confirms that an e-signature cannot be denied legal validity solely due to its electronic form.

The law categorizes e-signatures into three types:

  • Type 1: Specialized e-signatures for organizations
  • Type 2: Public digital signatures for individuals and organizations
  • Type 3: Specialized digital signatures for government agencies

Among these types, only secure specialized e-signatures (a secure e-signature of type 1) and digital signatures (type 2) are explicitly granted the same legal validity as handwritten (wet) signatures. This distinction is particularly important in legal disputes and for transactions with government agencies. (For more details, please refer to our previous article.)

Domestic e-signatures

A domestic organization can choose to use secure specialized e-signatures (type 1) and/or digital signatures (type 2) while a Vietnam-based individual can choose digital signatures (type 2) for their transactions—particularly for those involving government agencies and transactions of high value and complexity which require stronger legal protection.

Specialized e-signatures (type 1) can be created by the organizations themselves, and additionally must be “secure” to be explicitly recognized as having the same legal validity as handwritten signatures. For clarity, “secure” specialized e-signatures are those certified (granted a safety certificate) by the Ministry of Science and Technology (MST). (This was formerly the responsibility of the Ministry of Information and Communications, which was merged with MST under Vietnam’s 2025 administrative restructuring.)

Digital signatures (type 2) are issued to organizations and individuals by licensed public digital signature certification service providers. Other types of e-signatures could be legally recognized and protected when they meet all the requirements outlined in the ETL 2023.

Foreign e-signatures

Cross-border e-transactions raise the question of how foreign e-signatures are legally recognized and protected under Vietnamese law. While Vietnamese law does not provide explicit guidance, two main pathways for recognition can be inferred:

First, foreign organizations and individuals can obtain e-signature certificates from foreign e-signature certification service providers recognized in Vietnam, provided these providers meet statutory conditions and are duly recognized in Vietnam. However, to date, no foreign e-signature certification service providers have been officially recognized in Vietnam, creating a significant barrier to legal recognition of foreign e-signatures in practice.

Second, it is possible under Vietnamese law for (i) foreign organizations and individuals, and (ii) Vietnamese organizations and individuals whose Vietnamese e-signatures and e-signature certificates are not recognized abroad to apply for recognition of specific foreign e-signatures and e-signature certificates from MST. However, Circular 06 limits eligibility for recognition with regard to “foreign organizations and individuals” under the second pathway to only foreign organizations legally operating in Vietnam and foreign individuals residing in Vietnam. This effectively excludes foreign organizations and individuals without a local presence, who must rely on the first pathway.

Foreign E-signatures Accepted in International Transactions:

Article 27 of the ETL 2023 allows foreign e-signatures to be accepted in international transactions, but it remains ambiguous whether such acceptance equates to legal protection under Vietnamese law, or merely shifts the legal risk to the accepting party.

While foreign e-signatures in this context are not expressly granted the same legal status as handwritten signatures, one could argue that, provided they satisfy all the requirements set out in the ETL 2023, they should not be denied legal validity under the general principles established by the law.

Trust Services

Trust services—including timestamping, data message certification, and public digital signature certification—play a critical role in ensuring the authenticity of involved parties, integrity of data messages, and non-repudiation of e-transactions.

Timestamping services attach time information to data messages, with timestamps generated as digital signatures. Data message certification encompasses services for storing and verifying the integrity of data messages, as well as services of sending and receiving secure data messages. Public digital signature certification refers to certifying digital signatures (type 2) provided by licensed public digital signature certification service providers.

These trust services are regulated businesses and require providers to meet specific licensing criteria under Decree 23.

Outlook

Vietnam’s legal framework appears to offer a more workable approach for domestic e-signature deployment and use, while still presenting practical challenges for cross-border recognition of foreign e-signatures. However, as Vietnam continues to prioritize digital transformation, the digital economy, and digital society, and as the demand for e-transactions and e-signatures grows, these limitations are expected to be addressed in the near future to better support e-government and the digital economy.

In the meantime, the use of e-transactions and e-signatures is inevitable and unstoppable in today’s fast-paced digital era. Parties engaging in international transactions with Vietnamese counterparts should ensure they fully understand the legal requirements for the acceptance of foreign e-signatures, enabling them to fully leverage the benefits of digital transactions in their business operations.

Related Professionals

Industries

Technology

Practices

Antitrust and Competition

Corporate/M&A

Location

RELATED INSIGHTS​ 

May 25, 2026
After several years of policy discussion and continued efforts led by the Ministry of Commerce (MOC) to relax the list of reserved businesses under the Foreign Business Act B.E. 2542 (1999) (FBA), the reform process has now reached a significant milestone. On May 12, 2026, the Thai cabinet approved in principle two draft subordinate legislative instruments aimed at delisting certain reserved business activities under the FBA and reducing licensing requirements for foreign business operators. These developments signal a renewed and concrete effort by the government to modernize Thailand’s business regulatory framework in order to attract foreign investment and boost Thailand’s competitiveness in the global market. Nine Businesses Set for FBA Delisting Below is a list of the nine businesses that are being targeted for delisting from the FBA’s restrictions. A draft ministerial regulation would delist the first eight reserved businesses, while a royal decree has been drafted to delist the ninth business: Telecommunications services (Type 1 license only, covering operators without their own telecommunications infrastructure), under the supervision of the Office of the National Broadcasting and Telecommunications Commission. Treasury center services subject to the Foreign Exchange Control Act B.E. 2485 and under the supervision of the Bank of Thailand. Securities-collateralized lending, pursuant to the laws governing securities and exchange and derivatives regulated by the Securities and Exchange Commission. Agency, dealer, advisory, or fund management services relating to derivatives where the underlying assets fall outside the scope of the Derivatives Act B.E. 2546 (2003) Intra-group shared services, including administrative, human resources, and IT functions Intra-group domestic debt guarantee services Leasing of partial space for installation of financial service machines and automatic vending machines for employee use Petroleum drilling services Trading of agricultural product derivatives through a futures exchange, with physical delivery or receipt of agricultural products at a futures exchange–designated
Read More
May 25, 2026
Thailand published new rules on May 1, 2026, establishing clear procedures for how the Anti-Money Laundering Office (AMLO) handles digital assets seized during criminal and money laundering investigations. Taking effect the following day, the Regulation of the Anti-Money Laundering Board on the Custody and Management of Seized or Frozen Assets (No. 3) B.E. 2569 applies to digital asset businesses, cryptocurrency holders, and anyone subject to asset seizure under Thailand’s anti-money laundering laws. For the first time, authorities now have a detailed roadmap for transferring seized digital property from private or foreign control into secure state custody. Digital asset businesses holding customer assets under investigation must be prepared to comply with these rules compelling repatriation of such assets in enforcement actions. Expanded Definition of Digital Assets The regulation defines digital assets to include not only those covered by Thailand’s existing digital asset business law but also any other property that can be stored using the same methods as digital assets. This broad formulation means the custody rules will apply to emerging blockchain-based assets and tokenized property that may not yet fall within the statutory definition of a digital asset business, giving authorities flexibility as the technology evolves. Mandatory Transfer to Domestic Custody When digital assets are held with service providers outside Thailand, AMLO will first attempt to transfer them to an account the office maintains with a licensed domestic digital asset business operator. If the domestic operator does not support that particular asset, the office will instead move the assets to its own cold wallet (offline, internet-isolated storage system). If neither option is feasible, the seizing official will report the situation to the Anti-Money Laundering Committee for alternative instructions. A similar hierarchy governs assets held in an accused party’s private wallet or by any third party that is not a
Read More
May 22, 2026
On May 8, 2026, the Thai government held a press conference to announce a coordinated, multiagency initiative to strengthen oversight and enforcement over products sold on online platforms. The initiative involves the Office of the Consumer Protection Board, the Thai Industrial Standards Institute, the Electronic Transactions Development Agency, the Thailand Consumers Council, the Consumer Protection Police Division, and major online platform operators. With this appointment, the government has signaled a deliberate shift from a predominantly reactive enforcement framework toward a more proactive regulatory and monitoring approach for online commerce and digital platform services. Legal and Regulatory Reform The government is accelerating a proposed Product Liability Law that would introduce new statutory frameworks for defective or substandard products, along with amendments to food safety and consumer protection legislation. The draft law has already been approved by the cabinet; the Council of State and relevant authorities will further draft the law and subsequently issue it for public hearings prior to enactment. Authorities also plan to expand enforcement measures against noncompliant businesses and distributors. In particular: The implementation of stricter “know your merchant” (KYM) identity verification requirements for online sellers. Expanded mandatory standards and regulatory oversight for high-risk products, such as power banks, electrical appliances, food products, and household goods. Increased monitoring of online product listings, and coordination with platform operators to remove unsafe, counterfeit, misleading, or otherwise noncompliant products. Additional monitoring and enforcement measures targeting online scams and illegal goods distributed through digital platforms, including e-cigarettes, which authorities identified as a growing concern due to increasing online distribution channels and potential health impact on young consumers. Strengthening Consumer Complaint Mechanisms The government announced increased cooperation with the Thailand Consumers Council and other agencies to facilitate complaint handling, market monitoring, and policy recommendations. Enhanced interagency coordination will aim to ensure that consumer
Read More
May 19, 2026
Thailand’s telecommunications regulator has introduced a range of new compliance obligations for telecom licensees aimed at preventing and suppressing technology crime. On May 15, 2026, the National Broadcasting and Telecommunications Commission (NBTC) published in the Government Gazette Notification on Measures for Prevention and Suppression of Technology Crime No. 2, which amends the original NBTC notification dated August 24, 2025. The amendment derives its authority from the Emergency Decree on Measures for Prevention and Suppression of Technology Crime B.E. 2566 (2023), as amended in 2025, and took effect on May 16, 2026. SIM Card Registration Cap for Non-Thai Nationals Persons without Thai nationality are now limited to a maximum of three SIM cards per person per service provider. Identity verification must be done primarily via passport. For those without a passport, acceptable alternatives include travel documents or certificates of identity issued by foreign governments, accompanied by additional Thai government-issued documents, as well as pink ID cards (for persons without Thai nationality) and white ID cards (for persons without registration status). Registration must be done in person at a branch or authorized dealer. Service providers must develop their identity verification systems and obtain NBTC approval before deployment. SIM Activation Deadline and SIM Box Prohibition Both Thai and non-Thai service users must activate their registered SIM within 60 days of registration. If they fail to do so, they must re-verify their identity in person before activation, confirming they are the same person who originally registered. Service providers must prohibit SIM box and gateway devices capable of supporting four or more SIMs from connecting to their mobile networks unless the device has received a license under the Radio Communications Act. Blacklist Enforcement Service providers must refuse registration of additional mobile numbers for persons listed on a technology crime-related database maintained by the Royal
Read More