{"id":35269,"date":"2020-09-22T14:23:00","date_gmt":"2020-09-22T06:23:00","guid":{"rendered":"https:\/\/zegal.com\/?p=35269"},"modified":"2023-03-10T13:45:45","modified_gmt":"2023-03-10T05:45:45","slug":"e-sign-laws-vietnam","status":"publish","type":"post","link":"https:\/\/zegal.com\/en-hk\/blog\/post\/e-sign-laws-vietnam\/","title":{"rendered":"E-sign Laws: Vietnam"},"content":{"rendered":"\r\n

\"\"<\/h4>\r\n

Part 7: Signing in to the digital age<\/b><\/h4>\r\n

An export-led gross domestic product has allowed Vietnam to enjoy positive growth in the recent decade. Additionally, big names like Samsung and LG have expanded their global operations into Vietnam, boosting employment and spurring growth.<\/span><\/p>\r\n

Vietnam has proven to be a country with a rising potential for many international businesses. As foreign investors and businesses start to enter the Vietnamese market, it is a good idea to get updated on their legal business practices.\u00a0<\/span><\/p>\r\n

As mentioned in previous posts in this series, an essential part of business transactions is undoubtedly the signing of the contract or agreement. These days the electronic signature is a business imperative, here’s the legal practice requirements of e-signing within Vietnam.<\/span><\/p>\r\n

Read on to learn more about the legal compliance for electronic signatures in Vietnam specifically, and watch out for more in this series on Southeast Asia, Hong Kong, China, New Zealand, Australia, UK, Cayman Islands, and BVI.<\/span><\/p>\r\n

The Rules<\/span><\/h4>\r\n

Vietnam\u2019s electronic signature laws are under the Vietnamese Civil Code and it adopts a tiered legal framework.<\/span><\/p>\r\n

Contracts are generally valid if legally competent parties<\/span> reach an agreement<\/b>, whether they <\/span>agree verbally, electronically<\/b> or in a physical paper document (Civil Code, Article 119).\u00a0<\/span><\/p>\r\n

The Law on E-Transactions specifically <\/span>confirms that contracts cannot be denied enforceability<\/b> merely because they are concluded electronically (Law on E-Transactions, Article 14.1). This means a written signature is not necessarily required for a valid contract\u00a0<\/span><\/p>\r\n

Applicability of an Electronic Signature\u00a0<\/span><\/h4>\r\n

To prove a valid contract, parties sometimes have to<\/span> present evidence in court<\/b>. Leading digital transaction management solutions can <\/span>provide electronic records<\/b> that may be admissible in evidence to support the existence, authenticity and valid acceptance of a contract (Law on E-Transactions, Article 14.2).<\/span><\/p>\r\n

<\/span>Use Cases for E-sign<\/span><\/h3>\r\n

Instances where e-signatures are generally considered appropriate:<\/p>\r\n