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​ 

January 8, 2026
Thailand’s Digital Government Development Agency (DGA) has proposed new standards that would require government agencies to select cloud services exclusively from a preapproved shortlist of providers. The draft Digital Government Standards re: Cloud Service Provider Standards aims to strengthen procurement confidence and reduce risks associated with selecting cloud service providers that do not meet the required standards. A public hearing period on these standards concluded on December 27, 2025. The DGA will now review submitted comments and consider revising the standards accordingly. Shortlisted Cloud Service Provider Tiers The draft standards establish three tiers of cloud service providers based on their assessed service capability levels, core qualifications, and certifications. The DGA sets qualification requirements for each tier, and it is at the discretion of each agency to select the tier of cloud service provider that best suits its operational needs, as follows: Tier 1 cloud service providers are suitable for providing services involving disclosable official data. Tier 2 cloud service providers are suitable for handling official data and protected data, such as personal data, which requires a high-security public cloud (e.g., virtual private cloud). Tier 3 cloud service providers are suitable for providing services to agencies with specific regulatory and security requirements that handle highly protected data, such as the national security system. These providers must offer sovereign or hybrid cloud as stipulated by the Ministry of Digital Economy and Society. All tiers of cloud service providers must be legal entities incorporated under Thai law and can be authorized distributors of offshore cloud service providers. However, each tier will be subject to different requirements, including infrastructure obligations. Government agencies are encouraged to select a cloud service provider appropriate for their intended use. For example, if a government agency intends to procure cloud services for operating applications that process personal data,
Read More
January 8, 2026
Thailand has enacted comprehensive sexual harassment legislation that significantly expands criminal penalties and creates new compliance obligations for online platform operators. The Act Amending the Penal Code (No. 30) B.E. 2568 (2025), enacted on December 29, 2025, and taking effect the following day, introduces a comprehensive definition of sexual harassment, establishes new criminal offenses with graduated penalties, and imposes content removal obligations on social media platforms and computer system service providers. The amendment, which establishes a comprehensive framework for addressing sexual harassment in both physical and digital environments, significantly expands legal exposure for online service operators. It also grants courts authority to order takedowns of violating data accessible to the public. Definition of Sexual Harassment The law introduces “sexual harassment” as a distinct statutory concept covering physical conduct, verbal conduct, sounds, gestures, expressions, postures, communications, surveillance, stalking, and acts committed through computer systems or electronic devices. Conduct qualifies as sexual harassment when it is sexual in nature and likely to cause the victim distress, annoyance, embarrassment, humiliation, fear, or a sense of sexual insecurity. Criminal Offenses and Penalties The amended Penal Code establishes graduated penalties based on the severity and context of the harassment—including enhanced penalties for public or online conduct. For instance: Basic sexual harassment is punishable by imprisonment for up to one year, a fine of up to THB 20,000, or both. Continuous or repeated harassment that prevents normal life escalates penalties to imprisonment for up to two years, a fine of up to THB 40,000, or both. Critically for online operators, harassment committed in public places, in the presence of the public, or through computer systems accessible to the general public triggers imprisonment for up to three years, a fine of up to THB 60,000, or both. Acts of harassment committed by supervisors, employers, or others
Read More
January 6, 2026
On December 30, 2025, Thailand’s Electronic Transactions Development Agency (ETDA) notified digital marketplace operators of a consolidated list of “high‑risk products” that are subject to strict monitoring on digital platforms. The list was jointly prepared by the Thai Industrial Standards Institute (TISI) and the Food and Drug Administration (FDA) to guide platform compliance in the initial phase of implementation of the Electronic Transaction Committee’s Notification on Other Measures for Marketplace for Goods with Specific Characteristics under Section 18(2) of the 2022 Royal Decree on Digital Platform Businesses Requiring Notification B.E.2568 (2025). The notice is addressed to operators of digital platform services that function as product marketplaces with specific characteristics laid out in the notification. The ETDA states that the TISI and the FDA are closely monitoring the high‑risk product categories on digital platforms, and the published list serves as the baseline reference for platform screening during the initial phase of the notification’s implementation. High‑Risk Product List The list aggregates categories of products that are illegal to sell online or are otherwise tightly regulated under Thai law, with an emphasis on health-related products, controlled substances, medical devices, and a wide range of industrial products that require certification or compliance with specified Thai Industrial Standards, as detailed below. Prohibited and tightly controlled health products. This includes all categories of modern medicines subject to control other than general household remedies; all categories of controlled herbal products except for over-the-counter herbal products; narcotics; psychotropic substances; and medical devices requiring use in medical facilities or a physician’s prescription. Selected industrial products requiring heightened controls. The list highlights dozens of TISI-regulated items commonly sold online. Examples include pacifiers, rice cookers, electrical wire, food wrap film, crayons, washing machines and dryers, air conditioners, electric cookers and air fryers, water heaters, microwave ovens, LED luminaires, hair dryers
Read More
January 5, 2026
On December 31, 2025, the government of Vietnam promulgated Decree No. 356/2025/ND-CP detailing and guiding the implementation of the new Personal Data Protection Law (PDPL) that was issued in June 2025. The new decree, like the PDPL, entered into force on January 1, 2026, with the previous Decree No. 13/2023/ND-CP on personal data protection ceasing effect on the same day. Some key points of the new decree include the following: Comprehensive lists of basic and sensitive personal data are provided, which will require companies to review again their existing documents and data type classification to ensure compliance. New timelines are established for responding to specific data subject requests. These timelines are more reasonable and longer than the previous 72-hour requirements. Additional consent guidelines are provided, prohibiting default consent or ambiguous instructions that confuse data subjects about giving or withholding consent. Mandatory content for data transfer agreements/clauses in particular cases is provided. This covers, among other things, (i) the legal basis for the transfer of personal data; (ii) responsibilities for personal data protection during the transfer and processing of personal data; (iii) responsibilities for ensuring the exercise of the rights of personal data subjects; and (iv) responsibilities for coordination and compliance of the parties in cases where violations of personal data protection regulations are detected. The qualifications and responsibilities of data protection officers (DPOs) and data protection departments include, among others, having been trained and fostered in legal knowledge and professional skills regarding personal data protection. There are no specific provisions governing the qualifications or requirements for organizations that provide data protection training or education. New mandatory templates and requirements are provided in relation to data processing impact assessment and data transfer impact assessment, and for cases in which companies need to re-submit assessments to the regulator. Stricter requirements are
Read More