Vietnam

Under Vietnamese law, a written signature is not required for a valid agreement or contract. Contracts are generally considered valid if legally competent parties reach an agreement, whether they agree verbally, electronically, or using a physical document. 

The Law on E-Transactions specifically confirms that contracts cannot be denied enforceability just because they are created electronically. It allows that an electronic signature can be used to replace a traditional handwritten signature if the following conditions are met: 

• The method used to sign identifies the signer and indicates their approval of the contents of the signed document; and 
• The method used to sign is sufficiently reliable and appropriate for the purpose of the signed document. 

Use cases where electronic signatures are considered appropriate in Vietnam include: 

• HR documents such as NDAs, benefit paperwork, privacy notices, and other new employee onboarding documents 
• Purchase, procurement, and commercial agreements between corporate entities including invoices, trade and payment terms, sales and distribution agreements, and NDAs 
• Consumer agreements including new retail account opening documents, sales and service terms, invoices, shipment details, and user manuals 
• Service agreements 
• Residential and commercial real estate lease agreements 

Certain use cases are specifically barred from electronic processes or require formal notarization in Vietnam, making them incompatible with electronic signature. These include: 

• Contracts related to real property transfer 
• Intangible property transfers 
• Transfer of movable assets 

The requirements for electronic signature technology vary significantly between countries. Vietnam follows a tiered eSignature model, which recognizes different types of electronic signature.  Similar to the EU’s eIDAS regulations, a simple electronic signature is sufficient for most use cases but may require extra evidence to support it if a dispute arises.