Decree 337, effective since early 2026, specifically regulates electronic labor contracts. These contracts, concluded and established as data messages, hold the same legal validity as paper versions and apply to the business sector.
Electronic contracts will be transmitted to both parties as agreed data messages. Both employees and employers must possess valid identification or a VNeID level 2 account. The conclusion and execution of these contracts must comply with regulations concerning labor law, electronic transactions, information security, and personal data protection.
An electronic contract becomes effective upon the last party's digital signature, timestamp, and certification from eContract, unless otherwise agreed. eContract is an information system that facilitates electronic transactions in the conclusion and execution of electronic labor contracts. This system integrates with the Electronic Labor Contract Platform, enabling both parties to create, digitally sign, store, retrieve contracts, and report on labor usage.
Within 24 hours of the final party's signature, eContract must transmit the contract to the Electronic Labor Contract Platform for ID assignment, as mandated by the Ministry of Home Affairs. Each contract will possess a unique, non-duplicating ID code.
The ID assignment facilitates management, lookup, and cross-referencing by competent authorities and relevant parties. This identification code applies to both newly signed electronic contracts and existing paper contracts converted to electronic format. Converted contracts will also receive an ID.
Conversion from paper to electronic contracts requires a digital signature from the employer's authorized representative, ensuring accuracy and completeness against the original. Conversely, converting electronic contracts to paper versions must also adhere to electronic transaction regulations.
The Electronic Labor Contract Platform operates on the infrastructure of the National Data Center. Collected and updated data includes electronic contracts, appendices, enterprise labor usage information, and electronic contract transaction logs. Consequently, labor contracts are securely stored across the enterprise's management system, the eContract service provider, and the Electronic Labor Contract Platform.
The government mandates that the Electronic Labor Contract Platform must be fully operational by 1/7. Concurrently, the conclusion and execution of electronic labor contracts will commence nationwide, marking a significant step in modernizing labor administration.
Hong Chieu