{"id":8801,"date":"2024-05-09T10:27:08","date_gmt":"2024-05-09T03:27:08","guid":{"rendered":"https:\/\/www2.lacviet.vn\/?p=8801"},"modified":"2024-12-10T10:48:57","modified_gmt":"2024-12-10T03:48:57","slug":"chu-ky-so-trong-hop-dong","status":"publish","type":"post","link":"https:\/\/lacviet.vn\/en\/chu-ky-so-trong-hop-dong\/","title":{"rendered":"Digital signature in the contract to ensure legal\/absolute reliability"},"content":{"rendered":"

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Digital signature was and is a tool very familiar with the business when performing certain administrative procedures, such as tax declaration, customs electronically .v.v. In addition, digital signatures can be used to the business associate contract on electronic environment. So whether a business can use digital signatures to the conclusion of the employment Contract (\u201cCONTRACT\u201d) or not?<\/p>\n

According to The Labor code 2012 are in effect, the CONTRACT must be in writing, in some cases, the law may establish verbal. The Labor code 2012 no provisions to guide the employee and the employer signed the CONTRACT in electronic form while digital signatures are only used in this environment. So, according to The Labor code 2012, the employer may not use the digital signature to the conclusion of the CONTRACT.<\/p>\n

However, The Labour code 2019, effective from the date 01\/01\/2021 had specified on the CONTRACT electronically. Accordingly, in addition to the written form and the spoken word, the CONTRACT can also be expressed in the form of data messages, electronic and valued as the CONTRACT in writing(2). So, according to The Labour code 2019, employers can use digital signatures to conclude a labor CONTRACT with workers.<\/p>\n

To ensure effective for the CONTRACT electronic is signed by digital signature in the contract<\/strong>users need to note the following points. Let's Lac Viet<\/a><\/strong> learn just below this article!<\/p>\n

1. Legal validity of digital signatures<\/h2>\n

Digital signature in the contract need to meet the following conditions:<\/p>\n

\u2013 Digital signature was created during the digital certificate takes effect and the check is in the public key indicated on the digital certificate that.<\/p>\n

\u2013 Digital signature is created by using the secret key corresponding to the public key indicated on the digital certificate issued by one of the organizations authorized service provider of digital signature authentication level:<\/p>\n

\u2013 Secret key only under the control of the signer at the time of signing.<\/p>\n

2. The obligation of businesses to use digital signatures in the contract labor<\/h2>\n

Take measures to avoid the use of non-legal data, create electronic signature of his;<\/p>\n

When discovered electronic signature can no longer under his control, to timely use the appropriate means to inform the parties accept electronic signatures and for organizations that provide services authentication, electronic signature, in case of electronic signatures that are authenticated;<\/p>\n

Apply the necessary measures to ensure the accuracy and integrity of all information in the e-mail in case of stock e-mail is used to verify the electronic signature.<\/p>\n

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3. Obligations of the employee when the employment contract signed number<\/h2>\n

Conduct the necessary measures in order to test the reliability of a digital signature in the contract before acceptance of electronic signatures that;<\/p>\n

Conduct the necessary measures to verify the validity of the deed of electronic and restrictions related to stock e-mail in case of use of stock e-mail to verify the electronic signature.<\/p>\n

So, from the date 01\/01\/2021, businesses can use digital signatures to conclude a labor CONTRACT with workers.<\/p>\n

Legal basis:<\/p>\n