VI The rapid development of digital technology has transformed human resource management, making electronic labor contracts an inevitable trend replacing traditional paper-based agreements. The issuance of Decree No. 337/2025/ND-CP enables enterprises and employees to optimize processes while saving transaction costs and time. However, for an electronic contract to have the same legal validity as an original paper document, the parties must strictly comply with standards regarding digital signatures, data message integrity, and personal data security procedures under the latest regulations. Any failure to meet these technical requirements may not only render the contract invalid but also create potential risks of disputes during its implementation. Let Pham Consult explore the concept, as well as the mandatory conditions and methods for concluding electronic labor contracts in accordance with the new regulations.
I. What is an electronic labor contract?
An electronic labor contract is a labor contract concluded and established in the form of a data message in accordance with the laws on labor and electronic transactions, and it has the same legal validity as a written paper-based labor contract.
The Electronic Labor Contract Platform is an information system serving large-scale electronic transactions as stipulated in Clause 2, Article 17 of Decree No. 137/2024/ND-CP dated October 23, 2024 of the Government on electronic transactions of state agencies and information systems serving electronic transactions. The Electronic Labor Contract Platform is developed, operated, and managed by the Ministry of Home Affairs; it functions as a centralized system for managing data related to electronic labor contracts and providing shared services for agencies, organizations, enterprises, cooperatives, households, and individuals nationwide.
The information system serving electronic transactions in the conclusion and performance of electronic labor contracts (hereinafter referred to as eContract) is connected with the Electronic Labor Contract Platform, allowing employees and employers to create, digitally sign, store, retrieve, and manage electronic labor contracts. At the same time, it also enables reporting on labor utilization and certification of electronic labor contracts in accordance with Decree No. 337/2025/ND-CP.
II. Parties participating in the conclusion and performance of electronic labor contracts
According to Article 5 of Decree No. 337/2025/ND-CP, the parties participating in the conclusion and performance of electronic labor contracts include:
– Employees and employers who have the authority to conclude labor contracts in accordance with Article 18 of the 2019 Labor Code.
– eContract service providers that satisfy the conditions stipulated in Clause 3, Article 6 of Decree No. 337/2025/ND-CP.
III. Conditions and methods for concluding electronic labor contracts
- Conditions and methods for concluding electronic labor contracts
According to Clause 1, Article 6 of Decree No. 337/2025/ND-CP, the conclusion of electronic labor contracts must be conducted through an eContract system that satisfies the following conditions:
– Use software for digital signing and digital signature verification in compliance with the requirements of the law on electronic transactions.
– Implement security measures to ensure the safety of customer information and electronic labor contract data; and have technical solutions to maintain and restore electronic contract certification activities in case of incidents.
– Have a storage plan to ensure the integrity of electronic document data and the ability to retrieve electronic labor contracts concluded on the eContract system.
– Provide functions ensuring accurate identification of parties and identity authentication in accordance with the laws on electronic identification and authentication of employees and employers.
– Implement technical measures to confirm that organizations and individuals who have been identified agree with the contents of the labor contract.
– Provide a function for certification of electronic labor contracts in accordance with the law on electronic transactions before sending the electronic labor contract to the Electronic Labor Contract Platform for ID assignment.
– Provide a function for converting between electronic labor contracts and written paper-based labor contracts in accordance with the law on electronic transactions.
– Provide electronic transaction accounts that comply with the conditions stipulated in Article 46 of the 2023 Law on Electronic Transactions.
– Provide functions supporting employers in reporting labor utilization in accordance with labor laws through protocols and formats prescribed by the Ministry of Home Affairs.
– Provide functions for aggregation, statistics, and periodic or ad-hoc reporting to support the management of electronic labor contract transactions.
– Connect with the Electronic Labor Contract Platform via a standardized Application Programming Interface (API) in accordance with the regulations of the Ministry of Home Affairs.
– Ensure technical requirements for information security in accordance with the law on network information security.
- Conditions for employers and employees when concluding electronic labor contracts
According to Clause 2, Article 6 of Decree No. 337/2025/ND-CP, employers and employees must meet the following conditions:
– For employees and employers who are individuals: Identification documents include: Citizen Identity Card (CCCD), Identity Card, electronic identity card, certificate of identity, Level-2 electronic identification account, or a valid passport; a valid entry visa or documents proving visa exemption (for foreign individuals).
– For employers being enterprises, agencies, organizations, cooperatives, or households: Establishment decision or documents regulating functions, duties, powers, and organizational structure; or Enterprise Registration Certificate; or Investment Registration Certificate; or Household Business Registration Certificate; and Identification documents of the legal representative of the enterprise, agency, organization, cooperative, or household, including: Citizen Identity Card, Identity Card, Certificate of Identity, Level-2 electronic identification account, or a valid passport; and a valid entry visa or documents proving visa exemption (for foreign individuals).
– The parties must have digital signatures and use timestamping services in accordance with the law on electronic transactions.
- Conditions for eContract service providers
eContract service providers must satisfy the following conditions:
– Provide an eContract system that meets the requirements specified in Clause 1, Article 6 of Decree No. 337/2025/ND-CP.
– Have technological solutions to collect, verify, and cross-check information to ensure consistency between the identification information of organizations and individuals and the biometric data of the legal representative of the organization or individual. Biometric data include biological characteristics associated with the legal representative that are difficult to falsify and have low duplication rates, such as fingerprints, facial recognition, iris recognition, voice, and other biometric factors. These must correspond with the biometric information shown on the identification documents specified in Clause 2, Article 6, ensuring accurate identification and identity authentication in accordance with the law on electronic identification and authentication.
– Possess a Trust Service Business License permitting the provision of data message authentication services in accordance with the law on electronic transactions.
Electronic labor contracts are created on the eContract system with identity authentication of the contracting parties, digital signatures, timestamps attached to the digital signatures of the contracting parties, and certification of the data message by the eContract service provider to ensure compliance with the conditions stipulated in Clause 1, Article 6 of Decree No. 337/2025/ND-CP.
Within 24 hours from the time the last party signs the contract, the eContract service provider must send the electronic labor contract to the Electronic Labor Contract Platform for ID assignment in accordance with the regulations of the Ministry of Home Affairs.
