In the context of promoting the national digital transformation and the rapid development of the digital economy, the Government of Viet Nam is gradually encouraging the adoption of electronic employment contracts as a modern method of contract conclusion, alongside traditional paper-based employment contracts. The shift toward electronic contracts stems from the need to enhance the efficiency of employee management, optimize human resource management processes, and reduce administrative burdens in labor relations. Compared to paper-based employment contracts, electronic employment contracts are prescribed by law with specific conditions applicable to the parties participating in the contract conclusion, in order to ensure authenticity and legal validity. These conditions are specifically stipulated in Article 6 of Decree No. 337/2025/ND-CP.
1. For employees
– Personal identification documents, including a citizen identity card, 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).
– Possession of a digital signature and use of timestamping services in accordance with the law on electronic transactions.
2. For employers
* In case the employer is an individual:
– Personal identification documents, including a citizen identity card, 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).
– Possession of a digital signature and use of timestamping services in accordance with the law on electronic transactions.
* In case the employer is an enterprise, agency, organization, cooperative, or household, one of the following documents is required:
– Decision on establishment or decision stipulating the functions, duties, powers, and organizational structure;
– Enterprise Registration Certificate;
– Investment Registration Certificate;
– Household business registration certificate and personal identification documents of the legal representative of the enterprise, agency, organization, cooperative, or household, including a citizen identity card, 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);
– Possession of a digital signature and use of timestamping services in accordance with the law on electronic transactions.
3. eContract Service Provider
– Must provide an eContract system that meets the following conditions:
+ Uses digital signature software and digital signature verification tools in compliance with the law on electronic transactions.
+ Implements security measures to ensure the safety of customer information and electronic employment contract data; and has technical contingency plans to maintain and restore electronic contract certification services in the event of incidents.
+ Has a data storage solution ensuring the integrity of electronic records; and ensures the ability to retrieve electronic employment contracts concluded on the eContract system.
+ Has functions to ensure proper identification of the contracting parties and to perform identity authentication in accordance with the law on electronic identification and authentication of employees and employers.
+ Implements technical measures to confirm that identified organizations and individuals have consented to the contents of the employment contract.
+ Has functions for certifying electronic employment contracts in accordance with the law on electronic transactions, to certify electronic employment contracts before transmitting them to the Electronic Employment Contract Platform for ID assignment.
+ Has functions for converting between electronic employment contracts and paper-based employment contracts in accordance with the law on electronic transactions.
+ Provides electronic transaction accounts in compliance with the conditions stipulated in Article 46 of the Law on Electronic Transactions.
+ Has functions to support employers in reporting labor utilization in accordance with labor laws, through protocols and formats prescribed by the Ministry of Home Affairs.
+ Has functions for aggregation, statistics, and periodic or ad hoc reporting for the management of electronic employment contract transactions.
+ Connects via standardized Application Programming Interfaces (APIs) with the Electronic Employment Contract Platform in accordance with regulations of the Ministry of Home Affairs.
+ Ensures technical requirements for information security in accordance with the law on cybersecurity and information security.
– Must have solutions and technologies to collect, verify, and cross-check information to ensure consistency between organizational and individual identification information and biometric data of the legal representative of organizations and individuals (biometric characteristics associated with the legal representative, difficult to forge, with low duplication rates, such as fingerprints, facial features, iris scans, voice, and other biometric factors) with the corresponding information and biometric data on personal identification documents of the legal representative specified in Clause 2, Article 6, and ensure proper identification and identity authentication in accordance with the law on electronic identification and authentication.
– Must hold a license to provide trusted services, with the permitted service type being data message authentication services in accordance with the law on electronic transactions.
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