Signing contracts by email or e-signing platforms — no meetings, no paper copies. Are contracts signed with electronic signatures recognized by law? The answer is YES — RECOGNIZED. Current Vietnamese law fully recognizes the legal value of electronic signatures and electronic contracts, provided security and form requirements are met. This article maps the current legal framework — noting that some older instruments have been replaced and must no longer be cited.
The current legal framework
The 2023 Law on E-Transactions (20/2023/QH15), effective 01/7/2024, replaced the 2005 Law on E-Transactions — currently applied under consolidated document 36/VBHN-VPQH of 2026. Two core sets of rules:
Article 23 — legal value of electronic signatures. An electronic signature may not be denied legal value solely because it is in electronic form. Digital signatures and secure special-use electronic signatures, when meeting statutory conditions, carry value equivalent to a handwritten signature of an individual and the seal of an organization.
Articles 34 to 36 — electronic contracts. A contract concluded in the form of a data message is an electronic contract, with the same legal value as a traditional contract where the data-message form, signature and content-integrity conditions are satisfied.
Decree 23/2025/ND-CP (effective 10/4/2025) on electronic signatures and trust services is the current guiding instrument — it has replaced Decree 130/2018/ND-CP and Decree 48/2024/ND-CP. When researching, drafting or citing, do not cite these two expired decrees.
Conditions for an electronic signature to equal a handwritten one
Not every “electronic signature” automatically equals a handwritten signature. To achieve equivalent value, the electronic signature (especially a digital signature or a secure special-use electronic signature) must meet statutory conditions: be uniquely linked to the signatory and under their sole control at signing time; allow detection of any alteration to the signature and the data message after signing; and be created by means under the signatory’s control. Digital signatures issued by licensed public certification authorities are the most common and secure form today.
Exceptions: transactions barred from electronic means
Specialized laws may provide that certain transactions may not be conducted by electronic means — for example transactions requiring paper originals or in-person notarization under specialized law. Before e-signing, companies should check: (1) whether the transaction type falls under an exception; (2) whether counterparties accept the electronic form; (3) whether the storage system preserves the integrity and immutability of the data message.
Frequently asked questions
Is a scanned image of a handwritten signature an electronic signature? A scanned signature image is merely image data and does not meet the security conditions for electronic signatures under the 2023 Law on E-Transactions — its evidential value is far lower than a digital signature’s.
Must an electronic contract be duplicated on paper? Not required, where the electronic contract fully meets legal conditions. Some counterparties still ask for paper copies for internal filing convenience — a commercial arrangement, not a legal requirement.
May Decree 130/2018 still be cited? No. Decree 130/2018/ND-CP and Decree 48/2024/ND-CP were replaced by Decree 23/2025/ND-CP from 10/4/2025 — all citations must use the new instrument.
Need advice on digital signatures, electronic contracts, or deploying e-signing in your workflows? Reach us via the Contact page of FLAT Law Firm.
The information in this article is for reference only and does not constitute legal advice.
The legal content of this article is reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
