From 1 July 2026, electronic labor contracts in Vietnam have their own dedicated legal framework for the first time: Decree 337/2025/ND-CP (issued 24 December 2025, effective 1 January 2026, applicable to contract conclusion and performance from 1 July 2026), detailed by Circular 08/2026/TT-BNV (issued 15 May 2026, effective 1 July 2026). This article is a compliance handbook for employers: the legal validity of electronic labor contracts, whether use is mandatory, and what businesses must prepare on identification codes, authentication, and archiving.
1. What is an electronic labor contract and what is its legal validity?
Under Clause 1, Article 3 of Decree 337/2025/ND-CP, an electronic labor contract is a labor contract concluded in the form of a data message and has the same legal validity as a paper labor contract. This is the key point: once the decree conditions are met, an electronic labor contract is not a “copy” or “secondary version” of a paper contract — it carries full legal effect.
The underlying basis is Article 14 of the 2019 Labor Code (45/2019/QH14) on the form of labor contracts, combined with the 2023 Law on Electronic Transactions (20/2023/QH15) on the legal validity of data messages.
2. Are employers REQUIRED to use electronic labor contracts?
No. Under Article 4 of Decree 337/2025/ND-CP, the State encourages (not mandates) the use of electronic labor contracts. Employers may keep traditional paper contracts, switch fully to electronic form, or use both in parallel. No provision penalizes an employer merely for continuing to use paper contracts.
However, for companies with large workforces, multi-site recruitment, or frequent annexes and renewals, electronic contracts can significantly cut printing, archiving, and document circulation costs — provided the technical conditions below are satisfied.
3. Mandatory technical conditions under Circular 08/2026/TT-BNV
Circular 08/2026/TT-BNV guiding Decree 337/2025 sets three core technical requirements:
- A unique ID for each electronic labor contract: one letter (A, B or C) + 12 digits, issued automatically within 24 hours. This code is the contract identity in the management system;
- Identity authentication via VNeID: under Clause 1, Article 7 of Circular 08/2026, the contracting parties are authenticated via VNeID. Employers must ensure employees hold electronic identification accounts and are guided through authentication at signing;
- Archiving for at least 10 years from the contract termination date — a long-term obligation demanding an electronic archiving system with integrity safeguards, backup, and security.
4. The national electronic labor contract platform
Under Article 28 of Decree 337/2025/ND-CP, the electronic labor contract platform is to operate no later than 1 July 2026, as prescribed. Employers should follow official announcements on the platform actual operating status for connection and data synchronization — and should not assume stable operation without official confirmation.
5. Employer compliance checklist
- Review internal regulations: add rules on electronic contract conclusion and signing authority for electronic signatures;
- Prepare authentication infrastructure: ensure the signing workflow integrates VNeID authentication and automatic ID issuance within 24 hours;
- Set up 10-year archiving: a data-message archiving system with integrity, tamper resistance, and periodic backup from the contract termination date;
- Train personnel: HR staff and employees understand that electronic labor contracts carry the same legal validity as paper ones;
- Monitor the national platform: update connection and data synchronization guidance when officially announced.
Frequently asked questions
Are electronic labor contracts signed before 1 July 2026 valid?
Decree 337/2025 is effective from 1 January 2026 but applies to contract conclusion and performance from 1 July 2026. Earlier electronic transactions remain governed by the 2023 Law on Electronic Transactions and the 2019 Labor Code; employers should review them against the new framework.
How can an employee without VNeID sign an electronic labor contract?
Under Clause 1, Article 7 of Circular 08/2026, VNeID authentication is required. Employers should guide employees to register electronic identification accounts before rolling out mass electronic signing.
What is the penalty for failing the 10-year archiving duty?
This article states no specific penalty amount, as no clear legal basis existed at the time of writing (14 October 2026). Employers should comply with the archiving duty and monitor related sanctioning documents.
Key legal bases: Decree 337/2025/ND-CP (24 Dec 2025); Circular 08/2026/TT-BNV (15 May 2026); 2019 Labor Code (45/2019/QH14), Article 14; 2023 Law on Electronic Transactions (20/2023/QH15). Validity checked as of 14 October 2026.
See more articles in the Labour and Employment section.
For reference only, not legal advice.
The legal content of this article is reviewed by the FLAW AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
Does your company need to review its electronic labor contract signing and archiving process under Decree 337/2025 and Circular 08/2026? Reach us via the Contact page of FLAT Law Firm.
