In the case of Vietnamese citizens living abroad but leasing houses to enterprises in Vietnam as business premises. And the contract is sent via email, signed, stamped, and scanned by both parties. So is this contract valid? Is it possible to sign the contract via email? Today, LSX Lawfirm will give you an article about “Is it possible to sign a contract via email in Vietnam?“, as follows:
Legal grounds
Civil Code 2015
What is a contract?
Article 385 of the 2015 Civil Code stipulates: “A contract is an agreement between parties on the establishment, change or termination of civil rights and obligations”.
Form of civil transaction
According to Article 119 of the 2015 Civil Code, specific regulations on the form of civil transactions are as follows:
“1. Civil transactions are expressed verbally, in writing, or by specific acts. Civil transactions through electronic means in the form of data messages in accordance with the law on electronic transactions are considered written transactions.
2. Where the law stipulates that civil transactions must be expressed in writing, notarized, authenticated or registered, such provisions must be complied with.”
For some statutory cases, civil transactions can only be expressed in one of three forms: Notarized documents; Certified documents, or Registered documents; then the parties can only choose that one form.
Effective conditions of civil transactions
Accordingly to Article 117 of the 2015 Civil Code, civil transactions take effect when the following conditions fully satisfied:
“a) The subject has civil legal capacity, civil act capacity suitable to the established civil transaction;
b) Entities participating in civil transactions completely voluntarily;
c) The purpose and content of the civil transaction do not violate the prohibition of the law and do not violate social ethics.
2. The form of a civil transaction is the effective condition of a civil transaction, in case it is provided for by law.”
Therefore, the above conditions must met for the new civil transaction to take effect; has legal value and gives rise to the rights and obligations of the parties. If the above conditions are not satisfied, the contract of the parties is void; has no legal value.
Is it possible to sign the contract via email?
Accordingly to Articles 121, 122 of the 2014 Housing Law, a rental contract is required to be made in writing. Notarization and authentication carried out at the request of the parties (not required by law).
In case the parties transact electronically, they must meet the provisions of the law on electronic transactions.
Specifically, Article 21 of the Law on Electronic Transactions 2005 provides:
1. Firstly, An electronic signature created in the form of words, letters, numbers, symbols, sounds, or other forms by electronic means, attached or logically combined with data messages, capable of the ability to confirm the person signing the data message and to confirm that person’s consent to the content of the signed data message.
2. Secondly, An electronic signature considered secure if such electronic signature meets the conditions specified in Clause 1, Article 22 of this Law.
3. Thirdly, Electronic signatures can authenticated by an organization providing electronic signature certification services.
Thus, compared with the above provisions, the fact that each party only signs the contract and then uses a scanner (scan) and sends it via email (email) to the other party does not satisfy the regulations on electronic transactions. death.
The fact that the parties sign a contract through this form may declared invalid, affecting the legitimate rights and interests of the parties.
What to do when one party does not acknowledge the contract concluded by email?
The right not to acknowledge the contract entered into via email is the right of the transaction participant. Then the non-recognition of the contract is common when the party entering into the contract realizes the disadvantage; when having to recognize the legal value of the contract. However, not the party entering into a contract to deny the validity of the contract to accepted. The law is always fair and has enough provisions to protect the rights; legitimate interests of the parties in civil relations. Accordingly:
- Firstly, The law has enough provisions to settle disputes in cases of purchase, sale, service provision, and business investment without a contract.
- Secondly, The law also stipulates the right to request the Court to recognize the validity of the contract and to request the Court declare the contract invalid when the requester has sufficient lawful ground.
Legal consequences of invalid civil transactions
According to Article 131 of the 2015 Civil Code, the legal consequences of invalid civil transactions are as follows:
– Firstly, Invalid civil transactions do not give rise to or change; terminate the civil rights and obligations of the parties from the time the transaction established.
– Secondly, When a civil transaction invalidated, the parties shall restore the original state, return to each other what was receive. In case it is not possible to return in kind, the money value will refunded.
– Thirdly, The righteous party in the collection of yields and profits not required to return such yields and profits. The party at fault for causing damage must compensate.
– Finally, The settlement of consequences of invalid civil transactions related to moral rights shall regulated by this Code; provided by other relevant laws.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Is it possible to sign a contract via email in Vietnam?“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
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Related questions
– Civil transactions are invalid when the conditions specified in Article 117 of the 2015 Civil Code are not satisfied.
– There are 07 cases of invalid civil transactions specified from Article 123 to Article 129 of the 2015 Civil Code.
Article 119 of the Civil Code 2015 the delivery forms of civil transactions include verbal civil transactions. However, it is only valid for some simple, common transactions.
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