Enterprise Digital Identity When the Legal Representative Is a Foreigner: Issues and Solutions

  1. What is enterprise digital identity?

In the era of national digital transformation, enterprise digital identity is a mandatory requirement for businesses to access digital platforms such as:

  • The National Public Service Portal,
  • The Business Registration Portal,
  • The eTax system,
  • The eInvoice system,
  • Online platforms for social insurance declarations, customs procedures, and other public services.

Digital identity helps establish the legal digital representation of a business, usually verified through the electronic identity account of the legal representative or via their personal digital signature certificate.

 

  1. The issue: When the legal representative is a foreign national

In practice, many companies in Vietnam – especially foreign-invested enterprises (FDIs) – appoint a foreign national as the sole legal representative. This leads to multiple challenges in digital identification due to the following reasons:

  • Foreigners do not have a Vietnamese citizen ID (CCCD/CMND), so they cannot create a high-level personal digital identity account on Vietnamese public service systems.
  • Obtaining a personal digital signature certificate for foreigners is often restricted unless they possess complete legal documentation in Vietnam (e.g., work permit, personal tax code).
  • Systems operated by many authorities (e.g., Tax, Social Insurance, Ministry of Industry and Trade) require logins using Vietnamese-linked digital credentials (digital signature or national ID-based accounts).

As a result, the enterprise may be unable to:

  • Submit applications via the National Public Service Portal,
  • Declare or access tax information,
  • Issue/register e-invoices,
  • Complete administrative procedures online.

 

  1. Legal and practical solutions

Depending on the company’s specific circumstances, the following options can be considered:

🔹 Option 1: Authorize a Vietnamese national to perform digital identity registration

The company can issue a legally valid power of attorney to a Vietnamese citizen (with a valid national ID) to:

  • Act on behalf of the business in digital identification,
  • Manage the enterprise’s digital identity account,
  • Handle digital administrative procedures on behalf of the company.

Advantages: Quick, flexible, no need to change business registration.
Note: The power of attorney should be bilingual and notarized/legalized as required.

 

🔹 Option 2: Add a Vietnamese co-legal representative

The company may register an additional Vietnamese citizen as a co-legal representative.

This person can then:

  • Use their Vietnamese national ID and personal tax code,
  • Serve as the authorized person for digital identification and interact with all relevant platforms.

Advantages: Long-term, fundamental solution aligned with the databases of the Department of Planning and Investment, Tax Authority, and other state systems.

 

🔹 Option 3: Register a personal digital signature certificate for the foreign legal representative

If the foreign representative has:

  • A valid passport,
  • A valid work permit in Vietnam,
  • A personal tax code,

Then the company can work with certified digital signature providers (VNPT, Viettel, FPT, etc.) to register a personal digital signature certificate for them.

Note: This option requires comprehensive legal documentation and may still encounter technical limitations on certain government platforms.

 

  1. Conclusion

Registering a digital identity for a business whose legal representative is a foreigner is not a new issue but continues to pose legal and technical challenges. Choosing the right solution requires a careful balance between legal compliance, cost, and operational practicality.

 

  1. Support services from MLT Lawyers

If your business is facing difficulties in:

  • Preparing a legally valid power of attorney,
  • Registering or amending the legal representative(s),
  • Obtaining a personal digital signature certificate for a foreigner,
  • Representing the company before government agencies for digital identity matters,

MLT Lawyers is ready to provide in-depth, effective legal support tailored to your enterprise’s needs — ensuring full compliance with Vietnamese law.

📞 Contact for consultation: 0919211048
📧 Email: [email protected]
🌐 Website: https://mlt-lawyers.com/

Copy Protected by Chetan's WP-Copyprotect.
Call us Send us an email Whatsapp Follow on facebook