With the rapid development of technology, using digital signatures is an inevitable trend. It makes the implementation of procedures become much more streamlined and convenient. What are digital signatures used for? What is the legal value of digital signatures? Let’s find out more about this matter with Lawyer X
Legal grounds
Decree 130/2018/ND-CP
Digital signatures
A digital signature is a form of electronic signature, created by transforming a data message using an asymmetric cryptographic system.
The person who obtained the original data message and the signer’s public key can be precisely identified:
The above transformation is generated with the exact same private key corresponding to the public key in the same key pair;
Content integrity of the data message since the above transformation is performed.
Digital signature encodes all data and information of an enterprise used to sign instead of handwritten signatures or organizational red marks on documents and digital documents performed in electronic transactions over the internet.
Structure of digital signature
Digital signatures are divided into two main parts:
Hardware (called a USB token) and secured with a password or PIN;
A digital certificate is an integral part of a digital signature, containing all encrypted data of an enterprise.
What are digital signatures used for?
Popularly used by organizations and businesses is a public digital signature. Digital signatures are used for the following purposes:
- Tax declaration, online tax payment, electronic tax;
- Electronic social insurance;
- Electronic bill;
- Announcement of food products online;
- Online bidding;
- Business registration, suspension, change of information… electronically;
- Securities, E-banking;
- Declare C/O;
- Used for state treasury
- Sign electronic contract, electronic certificate
Legal value of digital signature
Digital signature acts as a seal to confirm this document is used by the organization, used to sign the reports and documents that the organization transacts and is legally recognized.
Digital signatures are easily transferable, cannot be imitated by anyone, and are automatically timestamped.
A digital signature ensures that the original document will be kept intact and that the signer cannot deny it later.
Digital signature ensures safety and accuracy, has high security and data integrity;
Online documents are legally recognized as hard copies (signed by authorized person and seal of organization/enterprise). Therefore, this is proof of non-disclaimer on the signed content, helping individuals/agencies/organizations feel more secure with their electronic transactions;
In addition, digital signatures will help exchange data easily and quickly, ensure legality, save a lot of travel time, and wait, no need to print records. Signing can also take place anywhere, at any time.
In cases where a document requires a signature by law, the requirement for a data message is considered fulfilled if the data message is signed with a digital signature and the digital signature is secure. according to the provisions of Article 9 of Decree 130/2018/ND-CP.
Where a document is required by law to be stamped by an organization, that requirement for a data message is considered fulfilled if the data message is signed by a digital signature of the agency or organization. organization and that digital signature is secured according to the provisions of Article 9 of this Decree.
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.
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.
Related article:
- Procedures for registering an enterprise’s digital signature in Vietnam
- Dossiers, procedures to establish import-export company in Vietnam 2022
Frequently asked question
Digital signature is the introduction of a secret key into a software program to automatically generate and affix a digital signature to data messages.
Currently, a lot of individuals and organizations are trying to build applications for convenience. “Applications using digital signatures” are information technology applications that allow the integration and use of digital signatures to authenticate users.
“Digital certificate” is a form of electronic certificate issued by a digital signature certification service provider in order to provide identifying information for the public key of an agency, organization or individual. Thereby confirming that the agency, organization or individual is the person signing the digital signature by using the corresponding secret key.
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