Speakers discussed at the workshop "The role of digital signatures and trusted services in electronic notarization", September 19, 2025.
One of the most prominent features of the new legal system is the specific provisions on the use of digital signatures and timestamps in the electronic notarization process – two factors considered "key" to ensuring the safety, transparency and legal value of transactions in the digital environment.
Solutions to overcome the situation of forgery and disputes in notarized transactions
Notarization is a special legal activity that requires a high level of security and authentication. Clause 1, Article 3 of the Law on Notarization affirms: "A transaction that must be notarized is an important transaction that requires a high level of legal security and is prescribed by law or the law assigned by the Government to be notarized."
In fact, over the years, notarization activities have still posed many risks. The situation of forging documents, forging signatures of people requesting notarization, even forging notaries or notary seals has occurred in a complex and sophisticated manner. These acts not only cause great damage to the people, but also reduce trust in the legal system. In addition, another common problem is disputes related to the effective date of notarized documents - a key factor in determining the rights, obligations and validity of transactions.
Faced with this situation, the Ministry of Justice has taken many corrective measures. In October 2023, the Department of Judicial Assistance issued Official Dispatch No. 1459/BTTP-CC, TPL requesting strict enforcement of notarization regulations, while improving skills in identifying counterfeit and fraudulent behavior. However, in the context of strong development of electronic transactions, manual solutions are no longer enough. There is a need for technological tools to ensure authenticity, transparency and non-repudiation - and that is the role of digital signatures and timestamps in electronic notarization.
Digital Signature – "Handwritten Signature" in Digital Space
According to the Law on Electronic Transactions 2023, a digital signature is a form of electronic signature that uses an asymmetric key algorithm, including a secret key for signing and a public key for verification. A digital signature ensures three factors: authenticity (who the signer really is), integrity (data is not changed after signing) and non-repudiation (the signer cannot deny having signed).
Workshop on the role of digital signatures and trusted services with electronic notarization
The law also affirms that digital signatures have the same legal value as handwritten signatures in electronic transactions. This is an important step forward to help electronic documents, contracts, and transactions – including electronic notarization – be legally recognized and have the same value as traditional documents.
In the field of electronic notarization, Decree 104/2025/ND-CP clearly stipulates the use of public digital signatures. This is a type of digital signature guaranteed by a digital certificate issued by an organization providing public digital signature certification services. In other words, the digital signer's identity is verified through a trusted third party, helping to ensure that the signer is real and the signature is valid.
Notably, public digital signature certification services and timestamping services are both classified as trusted services – conditional business investment sectors, licensed by the Ministry of Science and Technology . Therefore, digital signature and timestamp authentication are not only technical, but also have a solid legal basis.
When applied to electronic notarization, public digital signatures help prevent the risk of notary forgery, notary organization forgery, and at the same time absolutely authenticate the signing subject. Each transaction can be traced and verified for integrity, ensuring "what is signed is real, what is signed is valid."
Timestamp – Guarantees the effective date of the document
If the digital signature helps determine "who is the signer", the timestamp helps determine "when the signing took place". This is one of the important factors in resolving disputes about the validity of electronic notarized documents.
Under the new regulations, a timestamp is attached to the data message at the time of digital signature, creating a technical proof of the time of signing. The timestamp, issued by a trusted service provider, has the same legal value as a notary confirming the time of signing on a paper document.
The 2024 Notarization Law and Decree 104/2025/ND-CP clearly stipulate: Electronic notarized documents are effective from the time they are signed with the digital signature of the notary and the notary practice organization. Digital signatures using timestamping services are a mandatory condition for providing electronic notarization services. Participants in electronic notarization transactions must use public digital signatures recognized in Vietnam.
In addition, digital signatures and timestamps are used throughout the entire electronic notarization process – from creation, technical error correction, signing and confirmation to archiving records. When paper notarization records are transferred to electronic storage, the notary organization must digitally sign to confirm the correct content before storing, ensuring integrity and non-editability.
Thus, from the moment the notarized document is created until it is stored, every operation is protected by a double layer of authentication – digital signature and timestamp to help prevent forgery, fraud and disputes.
A big step forward in digitizing notary activities
The addition of provisions on digital signatures and timestamps in the new Notary Law not only aims to address existing risks, but also paves the way for a comprehensive electronic notarization system in the future.
For notary organizations, this is an opportunity to convert their operating model to a digital environment, saving time, costs and human resources. For people and businesses, electronic notarization helps shorten the process, can conduct transactions remotely, and minimize the risk of losing or forging documents.
More importantly, the new regulations also contribute to building trust for the entire e-commerce ecosystem, promoting stronger development of e-commerce, digital finance and related fields.
From a state management perspective, the use of digital signatures and timestamps helps authorities easily monitor, retrieve, store and compare information, while creating a solid legal foundation for the formation of a national notary database.
Electronic notarization is an inevitable step in the national digital transformation process. The clear regulations on the use of digital signatures and timestamps in the Notarization Law and its implementing documents not only have technical significance, but also demonstrate the State's commitment to ensuring safety, transparency and fairness for all transactions in the digital environment.
It can be said that digital signatures and time stamps are the "digital seals" for each electronic notarized document, both affirming legal value and protecting the rights of people and organizations. This is not only an innovation in notarization techniques, but also a step forward in legal thinking, bringing Vietnamese notarization closer to international standards in the digital age./.
Source: https://mst.gov.vn/chu-ky-so-va-dau-thoi-gian-nen-tang-bao-dam-an-toan-cho-cong-chung-dien-tu-197251013143442608.htm
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