- 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.
- 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.
- 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.
- 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.
- 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/