The term "electronic labor contract" is defined and specifically explained for the first time in Decree No. 337/2025/NĐ-CP dated December 24, 2025 ("Decree 337/2025/NĐ-CP"). Previously, the Labor Code No. 45/2019/QH14 ("Labor Code 2019") only referred to "labor contracts concluded via electronic means". As a result, the application of regulations to this legal relationship between employers and employees often encountered difficulties, since relevant provisions were scattered throughout the Labor Code 2019 and the laws on electronic transactions. Furthermore, there were no sub-law documents providing detailed guidance on legal issues arising from electronic labor contracts. 

Currently, Decree 337/2025/NĐ-CP, effective from January 1, 2026, provides relatively comprehensive and consistent guidance on issues such as: (i) electronic signatures; (ii) third parties in electronic labor contracts; and (iii) information security and protection of employee data.

However, in practice, the implementation of electronic labor contracts in Vietnam is still quite new, mainly concentrated in large enterprises, multinational corporations, technology companies, banks, and insurance companies, where information technology infrastructure is developed well. Most small and medium sized enterprises, especially in rural areas, still face difficulties in applying electronic labor contracts due to limitations in awareness, technical infrastructure, and human resources.

To accompany businesses in sustainable development and to better understand some of the new regulations under Decree 337/2025/NĐ-CP, thereby ensuring full and proper compliance, this article will analyze and assess the impact of several prominent new provisions of Decree 337/2025/NĐ-CP. At the same time, it will offer some recommendations and solutions to help businesses effectively implement these regulations.

1. On Electronic signatures – Condition for the validity of Electronic Labor Contracts

Regarding the parties, an electronic labor contract is concluded and performed by two main parties, the employer (also known as the data message initiator) and the employee (also known as the data message recipient). One of the characteristics of an electronic labor contract is that the parties do not need to meet in person; the contract can be concluded without restrictions on space or time. This raises the issue of how to identify the parties participating in the contractual relationship.

Basically, the conditions regarding the parties, voluntariness, and freedom of agreement are important for the contract to take effect.  

Clause 4 Article 6 of Decree 337/2025/NĐ-CP stipulates: "An electronic labor contract is created, authenticated for the identification of the contracting parties, digitally signed, timestamped with the digital signatures of the contracting parties, and the data message is certified by the eContract provider on the eContract, ensuring the conditions specified in Clause 1 of this Article."

Article 7 of Decree 337/2025/NĐ-CP also provides: "An electronic labor contract takes effect from the time the last party digitally signs, the timestamp is attached to the digital signatures of the contracting parties, and the data message is certified by the eContract provider on the electronic labor contract, unless otherwise agreed by the parties."

Thus, an electronic labor contract is only valid when it is digitally signed, timestamped, and the data message is certified by the eContract provider. This is a notable new point compared to the Labor Code 2019, where a labor contract concluded via electronic means only needed to meet the condition of being in the form of a data message, without specific provisions on authentication of the contracting parties or strict certification of the data message by the eContract provider to ensure that the data messages are not altered during transmission and receipt by the parties.

For the eContract provider, the law requires the provider to ensure the following conditions: 

• The eContract must have the function to ensure correct identification of the contracting parties and perform identity authentication in accordance with the law on identification and electronic authentication of employees and employers.
• There must be technical measures to confirm that the identified organization or individual agrees to the contents of the labor contract.

For employers and employees, they must meet the conditions specified in Clause 2 Article 6 of Decree 337/2025/NĐ-CP as follows:

• For employers who are individuals: The employer and employee must have personal identification documents (citizen ID card, valid passport, …); a valid visa or documents proving visa exemption for foreigners.
• For employers who are enterprises: The employer must have an enterprise registration certificate; investment registration certificate (if any); personal identification documents of the legal representative; a valid visa or documents proving visa exemption for foreigners.
• Employees: Personal identification documents (citizen ID card, valid passport, …); a valid visa or documents proving visa exemption for foreigners.
• Note that both the employer and employee must have a digital signature and use a timestamping service attached to the digital signature.

2. Third parties in Electronic Labor Contracts

According to Clause 1 Article 6 of Decree 337/2025/NĐ-CP, the conclusion of an electronic labor contract is carried out via eContract, so in addition to the employer and employee, the eContract provider also participates in the contract. 

Accordingly, Decree 337/2025/NĐ-CP also stipulates conditions regarding digital signature software, information security, and data protection that the eContract provider must meet before and during the provision of eContract services, including:

• Use of digital signature software and digital signature verification software that meets the requirements of the law on electronic transactions.
• Security measures to ensure the safety of customer information and electronic labor contract data, as well as technical plans to maintain and remedy electronic contract certification activities in case of incidents.
• Plans for storage, ensuring the integrity of electronic document data; ensuring the ability to retrieve concluded electronic labor contracts on the eContract system.
• Functions to ensure correct identification of the contracting parties and perform identity authentication in accordance with the law on identification and electronic authentication of employees and employers.
• Technical measures to confirm that the identified organization or individual agrees to the contents of the labor contract.
• Functions to certify electronic labor contracts in accordance with the law on electronic transactions, to certify the electronic labor contract before sending it to the Electronic Labor Contract Platform for ID assignment.
• Functions to convert between electronic labor contracts and paper labor contracts in accordance with the law on electronic transactions.
• Provision of electronic transaction accounts in compliance with the conditions specified in Article 46 of the Law on Electronic Transactions.
• …

In addition, according to Clause 3 Article 6 of Decree 337/2025/NĐ-CP, the eContract provider must also ensure conditions such as having a Trust Service Business License with the permitted service being the provision of data message certification services in accordance with the law on electronic transactions. 

It should be noted that electronic labor contracts are not only stored on the systems of the employer and the eContract provider but also at the Ministry of Home Affairs via the Electronic Labor Contract Platform. The responsibility for sending the electronic labor contract to the Ministry of Home Affairs lies with the eContract provider, as stipulated in Clause 4 Article 6 of Decree 337/2025/NĐ-CP. After receiving the electronic labor contract, the Ministry of Home Affairs will assign an ID code to the contract and send the contract with the assigned code to the employee and employer.

It can be seen that Decree 337/2025/NĐ-CP provides for the construction and operation of the Electronic Labor Contract Platform managed by the Ministry of Home Affairs and connected to the eContract systems of eContract providers. According to Clause 2 Article 3 of Decree 337/2025/NĐ-CP, this platform has the function of centrally managing electronic labor contract data and providing shared services for agencies, organizations, enterprises, and individuals nationwide. This is a completely new point, creating transparency and convenience in the management and retrieval of electronic labor contract data.

3. On Information security and data protection

It can be seen that employers, employees, eContract providers, and the Ministry of Home Affairs all have the right to access, manage, and use electronic labor contract data on the Electronic Labor Contract Platform as stipulated in Article 17 Decree 337/2025/NĐ-CP of the Government on electronic labor contracts, effective from 01/01/2026. However, they must also strictly comply with regulations on confidentiality and protection of electronic labor contract data and employees’ personal data.

Regarding electronic labor contract data, the contract contents such as salary, working hours, social insurance, … may be monitored by the Ministry of Home Affairs to ensure employers' compliance with labor laws and to protect employees. Therefore, employers, especially enterprises, should pay attention to reviewing labor contracts, company charters, internal regulations, … and ensure full and proper compliance before creating and transmitting data messages to employees. Currently, Decree 337/2025/NĐ-CP does not clearly specify the scope of rights to access, manage, and use contract information and data, so enterprises should proactively contact competent authorities for guidance to avoid risks related to information security.

In addition, the confidentiality and protection of employees’ personal data must also be ensured by all relevant parties. Employees’ personal data, such as personal information, health data, financial data, … are highly sensitive. These data must be protected in a manner that ensures the employee’s right to self determination, as stipulated in Article 38, Labor Code 2019.

If an electronic labor contract is terminated, how will the contract and the employee’s personal information and data be handled on the Electronic Labor Contract Platform? Currently, Decree 337/2025/NĐ-CP does not provide detailed guidance for this situation. Typically, upon termination of the labor contract, the employee will request the employer to delete their personal information and data according to the terms agreed upon in the contract. According to Clauses 3 and 5, Article 14 Law on Personal Data Protection 2025, the data controller must delete data upon request, apply safety measures, and notify if deletion cannot be performed. However, if, after notification, the employee still insists on data deletion, what should the employer do? Employers, especially enterprises, may become confused, lose trust, and face unnecessary disputes with employees. Therefore, businesses should establish internal regulations on personal data protection in advance and proactively communicate clearly with employees to exclude liability in case of issues.