The business of providing electronic contract authentication services is a highly specialized conditional business line. According to the provisions of Clause 1, Article 36 of the Law on E-commerce and Decree 248/2026/ND-CP, organizations wishing to provide this service are required to obtain a License to Provide Electronic Contract Authentication Services issued by the Provincial People’s Committee, with an appraisal period of 30 days. A prerequisite is that the organization must possess a License to Provide Trust Services and develop a service provision scheme that complies with the prescribed requirements.
1. Enterprises Required to Obtain the License
Pursuant to Clause 1, Article 36 of the Law on E-commerce, this procedure is mandatory for:
Organizations that provide electronic contract authentication services in commerce (often referred to as Electronic Contract Authentication Organizations – CeCA/CeC). (This includes technology companies, software solution providers, and intermediary organizations that provide the infrastructure for concluding and authenticating electronic contracts and authenticate the legality and integrity of electronic contracts for third parties in commercial transactions).
2. Conditions for License Issuance
Pursuant to Clause 1, Article 42 of Decree 248/2026/ND-CP, the organization applying for the license must simultaneously satisfy two conditions:
- Possessing a License to provide trust services: Having a License to provide trust services, specifically for the provision of data message authentication services in accordance with the law on electronic transactions.
- Having a feasible service provision scheme: Developing a Scheme for providing electronic contract authentication services in commerce that fully meets the technical, operational, and information security criteria according to the prescribed form.
3. Required Application Dossier
Pursuant to Clause 1, Article 43 of Decree 248/2026/ND-CP, the application dossier for the license includes:
- An application information form in accordance with Form No. 03 in Appendix II of Decree 248/2026/ND-CP.
- Copies of licenses, certificates, confirmations, or approval documents from competent authorities, or other similar documents proving the fulfillment of business conditions for providing electronic contract authentication services in commerce (if any).
- In cases where the aforementioned papers and documents already have electronic data ensuring legal validity and can be retrieved through data connection and sharing between the Administrative Procedure Resolution Information System and national databases, specialized databases, shared information systems, or the National Public Service Portal, they do not need to be re-submitted.
- The scheme for providing electronic contract authentication services in commerce. The service provision scheme shall comply with Form No. 06 in Appendix II of the Decree.
4. Two-Step Appraisal & Licensing Procedure
The licensing procedure is carried out online via the Public Service Portal (Pursuant to Clause 1 & Clause 3, Section III, Appendix I of Decree 248/2026/ND-CP):
Step 1: Submission of declaration dossier.
The organization logs into the National Public Service Portal, declares information according to Form No. 03, and uploads the Scheme (Form No. 06) along with accompanying evidentiary documents.
Step 2: In-depth appraisal & Result reception.
Processing time: 30 days. Within 30 days from the receipt of a complete and valid dossier, the competent authority shall conduct an appraisal and respond in one of three following cases:
- License Issuance: Issuing the License to provide electronic contract authentication services according to Form No. 07 (Appendix II).
- Request for Clarification: Issuing a notice requesting explanation/supplementation of dossier information.
- Refusal to issue: Issuing a written refusal clearly stating the legal/technical reasons.
5. Legal Recommendations from CDLAF Law Firm
Licensing for electronic contract authentication services is a stringent condition appraisal procedure involving Legal, Technological, and Cybersecurity aspects. Through our experience consulting Tech/Fintech enterprises, CDLAF notes the key bottlenecks that businesses often encounter:
- The Trust Service License Prerequisite: Many enterprises submit their licensing applications without having completed the procedure for obtaining a License to provide trust services (data message authentication). This is a prerequisite condition that cannot be replaced by ordinary technological certifications.
- Lack of Required Sector-Specific Licenses: Depending on whether the business is a Vietnamese enterprise or a foreign-invested enterprise, as well as on its registered business lines, the licensing authority may, in certain cases, require the enterprise to obtain the relevant sector-specific license(s) before it proceeds with the application for registration or notification of the e-commerce website.
- Compatibility with Personal Data Protection (PDP) Laws: The electronic contract authentication system processes a massive amount of identification information and sensitive personal data. Enterprises need to complete the Data Protection Impact Assessment (DPIA) dossier concurrently with the licensing scheme.
Comprehensive E-commerce Legal Review & Consulting Services at CDLAF
CDLAF Law Firm provides comprehensive legal solutions, accompanying enterprises to optimize resources, manage risks, and ensure absolute compliance in e-commerce activities:
- Operating model appraisal: Conducting in-depth analysis of business operations to accurately determine legal obligations and propose optimal compliance plans.
- Standardization of foundational legal dossiers: Drafting and appraising the complete set of General Trading Terms, Privacy Policies, and Personal Data Protection (PDP) Policies standardized according to the latest regulations.
- Turnkey procedure implementation: Representing enterprises in executing the entire process of declaration, explanation, and receiving Notification/Registration/Licensing confirmations on the National Public Service Portal.
📩 BOOK A CONSULTATION WITH CDLAF’S LEGAL TEAM
Do not let procedural errors disrupt your business plans. Contact CDLAF today to receive a preliminary risk assessment from our team of Lawyers and E-commerce Legal Experts:
Hotline/Zalo: [+84 909 668 216]
Email: info@cdlaf.vn
Why choose CDLAF’s service?
- We provide effective and comprehensive legal solutions that help you save money and maintain compliance in your business;
- We continue to monitor your legal matters even after the service is completed and update you when there are any changes in the Vietnamese legal system;
- Our system of forms and processes related to labor and personnel is continuously built and updated and will be provided as soon as the customer requests it;
- As a Vietnamese law firm, we have a thorough understanding of Vietnam’s legal regulations, and grasp the psychology of employees, employers, and working methods at competent authorities;
- CDLAF’s team of lawyers has many years of experience in the field of labor and enterprises, as well as human resources and financial advisory.
- Strict information security procedures throughout the service performance and even after the service is completed.
You can refer for more information:
- Transferring Employees to Perform Other Works: Key Considerations for Enterprises
- Lawful Labor Discipline: Procedures and Key Notes for Enterprises
- Non-Compete Agreements In Employment Relationships: Are They Enforceable In Vietnam?
- Determining “Serious Damage” in Disciplinary Dismissal
- What Must Social Networks and Online Platforms Do to Comply with the Personal Data Protection Law 2025?
