In 2010, more than 50 percent of surveyed businesses in Vietnam used electronic means, such as e-mail or websites, to carry out their trading activities. Over the past six years, Vietnam has developed a legal framework that aims to facilitate online transactions, provide confidence in their legal validity, and at the same time protect the interest of consumers. Behind this development was the commitment made by Vietnam and other ASEAN member countries to implement a harmonized legal infrastructure for e-commerce in the ASEAN Economic Community by 2015.
n the other hand, when assessing Article 11 against provisions on e-signatures and further implementing regulations, it is questionable whether electronic transactions are treated equally with traditional transactions and whether the laws are neutral in terms of technology. Article 21 provides a broad definition of electronic signature as “created in the form of words, script, numerals, symbols, sounds or in other forms by electronic means, logically attached or associated with a data message and shall be capable of certifying the person who has signed the data message and certifying the approval by such person with respect to the content of the signed data message.” In different jurisdictions, electronic signatures are interpreted broadly and may even include a simple facsimiled signature or typed name in the e-mail. This broad definition allows foreign jurisdictions to hold various e-transactions as legally binding.
In Vietnam, Decree 26/2007/ND-CP stipulates that where the law requires a document to be signed or affixed with a seal of a body or institution, the requirement is satisfied if such a data message is signed by a digital signature. A digital signature should be distinguished from an electronic signature. Digital signatures are also called cryptographic signatures, as they use asymmetric cryptography to generate the signature. Therefore, when the law requires a seal or a signature, this requirement can only be met by a data message containing a specific technology—a digital signature, which is provided by a certified organization providing digital signature certification services in Vietnam.