In the era of technology 4.0 strongly developed; together with the serious impact of the epidemic; Recently, it is quite common for transaction parties to sign contracts using electronic signatures. This is a legally recognized method of contracting; appropriate, effective and brings many benefits to the transaction parties. Here, Lawyer X will help you learn more about this information!
Legal grounds
Civil Code 2015;
Law on Electronic Transactions 2005.
Consulting content
What is an electronic signature in a contract?
An electronic signature is created in the form of words, letters, numbers, symbols, sounds or other forms by electronic means; logically associated or associated with data messages; capable of confirming the person signing the data message and confirming that person’s consent to the content of the signed data message.
A digital signature is a piece of information that accompanies electronic data. To confirm the signer of the data message; confirm the person’s consent to the content of the signed data message.
Classification of electronic signatures
Digital signatures
In contract signing, digital signatures are often used to sign small contracts. Large value contracts rarely use digital signatures. Digital signatures are commonly used in customs transactions, social insurance, online tax payment, electronic invoice issuance or electronic transactions in banking systems.
To use digital signatures, the parties to the transaction must use a platform; use specialized equipment provided by the digital signature certification service company to create a digital signature. The generated digital signature is then inserted electronically into the contract to be signed.
Scan signature
Scanned signatures are very applicable to multi-party contracts and the parties are not in the same location. In particular, are contracts related to multinational transactions and foreign elements in terms of subjects.
For this type of signature, the contract is printed out by the signer from the electronic data file; the signatories of each party sign directly on the paper document of the contract by means of a live signature. The contract together with the signature on the contract will be converted into an electronic form and a scanned image of the signed contract. The scan is then sent by email.
Image signature
Similar to digital signatures, image signatures are also not used much in large-value contracts. Which is mainly used for contracts that are signed many times, repeatedly. Also, the signer is not in the same place where the contract can be printed; signed with a live signature.
Typically, the signer inserts an image of his or her signature into the signature box of the contract’s electronic data file. Then send it by email.
Legal value of electronic signatures in contracts
Pursuant to the provisions of Article 24 of the Law on Electronic Transactions 2005:
Where a document requires a signature by law, that requirement for a data message is considered fulfilled if the electronic signature used to sign the data message meets the following conditions: this:
The method of creating an electronic signature allows the signer to be verified and to demonstrate the signer’s consent to the content of the data message.
That method is sufficiently reliable and suitable for the purpose for which data messages are generated and sent.
In cases where the law stipulates that a document needs to be stamped by an agency or organization, that requirement for a data message is considered to be met; if that data message is signed by the electronic signature of the agency or organization; satisfy the conditions specified in Clause 1, Article 22 of the Law on Electronic Transactions 2005 and that the electronic signature is authenticated.
Is the electronic signature in the contract legal?
The 2015 Civil Code stipulates: Forms of entering into a contract by word of mouth, in writing or by specific acts.
At the same time, in Clause 4, Article 400 of the 2015 Civil Code, it stipulates:
The time of entering into a written contract is the time when the last party signs the document or by another form of acceptance shown in the document.
According to the above provisions, when entering into a contract, the parties can sign the document live; or by other acceptable form shown in writing. Another form of acceptance expressed in writing may be an electronic signature; can use digital signatures, scanned signatures, image signatures, or fingerprints only; … to show the will to accept the content agreed upon by the parties. Thus, transactions through electronic methods are completely recognized by law; if it meets the valid trading conditions in accordance with current laws.
Dossier for digital signature registration
- Notarized copy of business registration license or Notarized copy of operation license;
- A notarized copy of the enterprise’s tax registration certificate;
- Notarized copy of the people’s identity card of the legal representative (or passport).
After preparing all the above documents, the enterprise can proceed to submit it at the licensed agency; providing digital signature services such as Viettel, VNPT, etc. The fee level will also depend on each agency offering; as well as depending on the service package selected by your business.
Above is the entire content of Lawyer X’s advice. We hope that readers can apply the above knowledge to apply in life.
Related article:
- What are digital signatures used for in Vietnam?
- Procedures for registering an enterprise’s digital signature in Vietnam
Frequently asked questions:
There are three types of electronic signatures: digital signatures, scanned signatures, and image signatures.
When entering into a contract, the parties can sign the document live; or by other acceptable form shown in writing. Another form of acceptance expressed in writing may be an electronic signature; can use digital signatures, scanned signatures, image signatures, fingerprints only; … to show the will to accept the content agreed upon by the parties. Thus, transactions through electronic methods are completely recognized by law; if it meets the effective trading conditions in accordance with current laws.
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