As Vietnam continues to accelerate its digital transformation, the legal recognition of electronic employment contracts has become an important step toward modernizing labor relations. The new legal framework, primarily established under the Labor Code 2019 and the Law on Electronic Transactions 2023, provides a clear legal basis for the execution and management of employment contracts in electronic form while promoting efficiency, legal certainty, and compliance in the digital workplace.
- Definition of Electronic Employment Contracts
Pursuant to Clause 1, Article 3 of Decree No. 337/2025/ND-CP, an electronic employment contract is an employment contract concluded and established in the form of a data message in accordance with labour laws and electronic transaction laws, having the same legal validity as a written paper-based employment contract.
Current legislation does not require employers and employees to use electronic employment contracts. Rather, the State encourages the adoption of this form as an alternative to paper-based contracts for human resource management and labour-related administrative procedures.
- Legal Requirements for Concluding Electronic Employment Contracts
Decree No. 337/2025/ND-CP sets out specific requirements for the conclusion of electronic employment contracts, including:
- Identity Verification and Authentication: Both the employee and the employer must be properly identified and authenticated in accordance with the laws on electronic identification and authentication prior to contract execution.
- Digital Signatures and Time Stamps: The contract must be digitally signed by all contracting parties and accompanied by a valid time stamp.
- Data Certification: The contract must be concluded through an eContract system operated by a qualified eContract Service Provider. Such system must be capable of certifying the contract’s data messages in accordance with legal requirements.
- Submission to the National Platform for Issuance of an Identification Code (ID): Within 24 hours from the time the final party signs the contract, the eContract Service Provider must submit the contract to the National Electronic Employment Contract Platform for issuance of a unique identification code (ID).
For eContract Service Providers, Circular No. 08/2026/TT-BNV prescribes the procedures for applying for connectivity with the Ministry of Home Affairs. Within 20 working days from receipt of a complete and valid application dossier, the Ministry will conduct a technical assessment and grant a connectivity account. Service providers are also required to submit quarterly reports on their service operations.
- Identification Code (ID) Mechanism under Circular No. 08/2026/TT-BNV
Each electronic employment contract is assigned a unique identification code consisting of one letter and twelve digits. The ID is non-duplicative, issued only once, and remains unchanged throughout the entire lifecycle of the contract, including cases where the contract is amended, supplemented, suspended, or terminated.
Contract appendices, notices of suspension, and termination notices are also linked to the same ID to ensure consistency in contract management, monitoring, and retrieval.
- Key Considerations for Employers
Although Decree No. 337/2025/ND-CP took effect on 1 January 2026, the conclusion and implementation of electronic employment contracts through the National Electronic Employment Contract Platform will only officially commence on 1 July 2026, when Circular No. 08/2026/TT-BNV becomes effective.
It should be noted that the use of electronic employment contracts is not mandatory for all employers. Accordingly, enterprises may continue to execute employment contracts in paper form in accordance with existing labour laws if they do not yet intend to transition to electronic contracting.
For businesses that have already implemented or are planning to adopt electronic employment contracts, the following issues should be considered:
- Review of eContract Service Providers: Employers should review and assess whether their eContract Service Providers satisfy the technical requirements prescribed by law, particularly their capability to connect with the National Electronic Employment Contract Platform.
- Review of Existing Electronic Employment Contracts: For electronic employment contracts executed before 1 July 2026, employers should coordinate with their eContract Service Providers to verify and supplement all required elements, including digital signatures, time stamps, and certification of data messages, before applying for the issuance of identification codes (IDs).
- Conversion Between Paper-Based and Electronic Employment Contracts: Employers may consider converting existing paper-based employment contracts into electronic employment contracts, and vice versa, provided that such conversion is carried out in compliance with the procedures, formalities, and legal requirements prescribed by applicable laws.
In conclusion, Vietnam’s updated legal framework for electronic employment contracts provides greater legal certainty and supports the digitalization of employment practices. To ensure compliance and minimize legal risks, employers should understand and properly implement the applicable legal requirements relating to electronic contracts, electronic signatures, and record retention in accordance with Vietnamese law.
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Dinh Phuong Thao