ELECTRONIC LABOR CONTRACTS AND KEY LEGAL CONSIDERATIONS

Decree No. 337/2025/ND-CP (“Decree 337/2025”) and Circular 08/2026/TT-BNV (“Circular 08/2026”) governing Electronic Labor Contracts (“eLC”) have recently been issued, marking an important step in completing the legal framework for entering into and performing labor contracts in the digital environment.

As enterprises increasingly apply technology to human-resource management, understanding the new regulations on eLCs is necessary to ensure legal compliance and to limit legal risks that may arise during the entering into and performance of labor contracts.

In this newsletter, W&A analyzes a number of notable issues that enterprises should note when applying eLCs under the new regulations:

1. Overview of the Electronic Labor Contract;

2.  Effective Date of the eLC;

3. Subjects Participating in Entering into and Performing an eLC;

4. eLC Identification Code;

5. Storage Period and Responsibility to Report Labor-Use Status via the eLC Platform;

6. The Use of the Electronic Labor Contract Is Encouraged but Not Mandatory.

   
   

Decree 337/2025/ND-CP and Circular 08/2026/TT-BNV have established a relatively comprehensive legal and technical mechanism for entering into, performing, and managing labor contracts in the electronic environment. The new regulations do not change the fundamental principles of the labor relationship under the Labor Code, but they specify the requirements on identification and authentication of subjects, digital signatures, timestamps, data-message authentication, issuance of identification codes, data connection, and contract storage.

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W&A Newsletter_26_Electronic Labor Contracts and Key Legal Considerations_1708 (EN).pdf

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W&A SERVICES

With experience advising enterprises on labor law and human-resource management, W&A provides services to support clients in building, reviewing, and operating labor-management systems, including:

• Advising on the drafting and review of labor contracts, contract appendices, confidentiality agreements, training agreements, and other HR documents;

• Advising on the drafting of internal labor regulations, salary and bonus policies, work-performance evaluation policies, and other internal regulations;

• Advising on the processing of employees’ personal data;

• Carrying out procedures for the initial issuance, extension, and re-issuance of work permits for foreign employees working in Vietnam;

• Payroll and insurance calculation through a professional, efficient process;

• Advising on the design of salary structures and benefits;

• Comprehensive human-resource management advisory.

Through an approach that combines legal, financial, accounting, and management expertise, W&A can accompany enterprises from the stage of reviewing the current status, designing processes, and standardizing records, through to implementation and compliance control after the system is put into use.