Obligations of the person signing the electronic signature and the party accepting the electronic signature

1. What are the obligations of the person signing the electronic signature?

Article 25 of the Law on Electronic Transactions 2005 stipulates the obligations of the person signing the electronic signature specifically:

– The person signing the electronic signature or his/her legal representative is the person who controls the electronic signature program system and uses that device to confirm his or her will regarding the data message being sent. sign.

– The person signing the electronic signature has the following obligations:

a) Have measures to avoid illegal use of your electronic signature creation data;

b) When discovering that an electronic signature may no longer be under your control, you must promptly use appropriate means to notify the parties accepting the electronic signature and the organization providing the electronic signature authentication service in case the electronic signature is authenticated;

c) Apply necessary measures to ensure the accuracy and integrity of all information in the electronic certificate in case the electronic certificate is used to authenticate the electronic signature.

– The person signing the electronic signature must be responsible before the law for the consequences of not complying with the provisions of Clause 2 of this Article.

2. Obligations of the party accepting electronic signatures according to the law

According to Article 26 of the Electronic Transactions Law 2005, the obligations of the party accepting electronic signatures are as follows:

– The party accepting electronic signatures is the party that has implemented the contents of the received data message based on trust in the party’s electronic signature and electronic certificate. send.

– The party accepting an electronic signature has the following obligations:

a) Take necessary measures to verify the reliability of an electronic signature before accepting that electronic signature;

b) Take necessary measures to verify the legal value of the electronic certificate and restrictions related to the electronic certificate in In case of using electronic certificates to authenticate electronic signatures.

– The party accepting electronic signatures must be responsible before the law for the consequences of not complying with the provisions of Clause 2 of this Article.

3. Does Vietnamese law accept Enterprises using electronic signatures on labor contracts with employees?

According to the provisions of Article 24 of the Law on Electronic Transactions 2005, the legal value of digital signatures is specified as follows:

“Article 24. Legal value of electronic signatures

1. In cases where the law requires a document to have a signature, that requirement for a data message is considered met if the electronic signature used to sign that data message meets the following conditions:

a) The method of creating an electronic signature allows the signer to be verified and demonstrates the signer’s approval of the data message content;

b) That method is sufficient reliable and suitable for the purpose for which the data message is created and sent.

2 In cases where the law requires a document to be stamped by an agency or organization, that requirement for a data message is considered met if that data message is signed by an electronic signature of the agency or organization that meets the conditions specified in Clause 1, Article 22 of this Law and that electronic signature is certified. real.”

Thus, if your Enterprise’s electronic signature meets the conditions as prescribed in Article 22 of the Law on Electronic Transactions 2005, the document still has the same legal value as a handwritten signature. However, up to now there is still no document guiding the electronic signature of labor contracts. Therefore, to avoid future risks, you should contact the local labor management agency for specific instructions on this content.

In addition, you can check the provisions in Article 8 of Decree 130/2018/ND-CP on the legal value of digital signatures:

– In cases where the law stipulates that a document requires a signature, the requirements for A data message is considered responsive if that data message is signed with a digital signature and that digital signature is guaranteed to be secure according to the provisions of Article 9 of this Decree.

– In cases where the law requires a document to be stamped by an agency or organization, that requirement for a data message is considered met if that data message is signed by a digital signature of the agency or organization and that digital signature is guaranteed to be secure according to the provisions of Article 9 of this Decree.

– Foreign digital signatures and digital certificates are licensed for use in Vietnam according to The provisions in Chapter V of this Decree have the same legal value and effect as digital signatures and digital certificates issued by organizations providing public digital signature authentication services in Vietnam.”