An electronic employment contract in Vietnam is optional. Employers may keep signing paper contracts: Article 14(1) of the Labour Code accepts either a written contract or one concluded electronically as a data message, and Article 4(3) of Decree 337/2025/ND-CP only "encourages" the electronic form. What is not optional is the route. Since 1 July 2026, an employer that chooses to sign electronically must do so through the eContract system of a provider connected to the Ministry of Home Affairs' national electronic labour contract platform, and each contract must receive a platform ID.
For a foreign-invested company this matters because group HR tools are often built around a global e-signature service. Under Vietnamese law, the contract must instead pass through a closed, state-linked chain: identity checks, digital signatures with timestamps, certification by a licensed provider, then registration on the platform. This guide is based on the full text of Decree 337/2025/ND-CP (Official Gazette No. 07 of 9 January 2026) and Circular 08/2026/TT-BNV of 15 May 2026, in force since 1 July 2026. Most English-language commentary on the decree was written before this implementing circular was issued. One naming trap: Decree 337/2026/ND-CP of 26 August 2026 is a different decree, on access to information.
Is an electronic employment contract in Vietnam mandatory?#
No. We found no provision in Decree 337 or Circular 08 that requires employers to move to electronic contracts, either now or under a roadmap.
- Labour Code: a labour contract must be in writing in two copies, and one concluded electronically as a data message "has the same value" as a written contract (Article 14(1)). The two forms sit side by side.
- Decree 337: encourages electronic contracts as a replacement for paper (Article 4(3)).
- 1 July 2026: Article 28(1) required the platform to be operational by that date and made the decree's procedure apply to electronic contracting from then on. It is a start date for the procedure. It does not require every employer to switch.
Some English headlines describe Vietnam as "mandating" electronic labour contracts from July 2026. The decree supports a narrower reading: the form is voluntary, but once you choose it the system is closed. Electronic conclusion must go through an eContract that meets Article 6(1), and from 1 July 2026 every concluded contract must be sent to the platform for an ID (Article 24(1) of Circular 08). LexData's reading: a PDF signed with a scanned signature, or a contract signed on a global e-signature platform that is not connected, is unlikely to count as an electronic labour contract under Decree 337. Neither text says whether such a document would be treated as "not in writing". Our recommendation is to use one of two safe options: paper, or a connected eContract.
Because the electronic form is optional and contracts are concluded voluntarily (Article 15 of the Labour Code), an employee who prefers paper can sign on paper. Where the employer does use eContract, it must guide and equip employees to sign and access their contracts (Article 19(2)(d) of Decree 337).
How the system works: eContract, the platform and the contract ID#
Article 3 of Decree 337/2025/ND-CP defines the moving parts:
- The national electronic labour contract platform: built and run by the Ministry of Home Affairs, it holds contract data centrally for the whole country (Article 3(2)). It sits at hopdonglaodong.moha.gov.vn and is operated by the Department of Wages and Social Insurance.
- eContract and the eContract provider: the software employers and employees use to create, digitally sign and store contracts and to connect to the platform, and the company that runs it (Article 3(3) and (4)).
- Contract ID: a unique code that the platform assigns to each electronic contract, including one converted from paper (Article 3(5)).
- Certification: the eContract provider certifies the data message; the platform only checks, reconciles and records the status (Article 3(6)).
Employers do not sign on the platform itself. They sign on the eContract of the provider they choose. The provider sends the contract to the platform, and the employer's platform account is used to look up, verify and manage contracts (Article 19(1)(a)) and to file labour reports (Article 16(2) of Circular 08).
Conditions for a valid electronic employment contract in Vietnam#
Article 6 sets conditions for each party.
| Party | Requirement | Basis |
|---|---|---|
| Employees and individual employers | Vietnamese ID card, electronic ID, level-2 electronic identification account or valid passport; foreigners also need a valid visa or proof of visa exemption | Article 6(2)(a) |
| Company employers | Enterprise registration certificate, investment certificate or establishment decision, plus the identity documents of the legal representative | Article 6(2)(b) |
| Every signing party | A digital signature and a timestamping service | Article 6(2)(c) |
| eContract system | Twelve sets of functions, including digital signing and verification, security, storage, identity authentication, consent capture, certification, paper-electronic conversion, an electronic transaction account under Article 46 of the Law on Electronic Transactions, reporting and API connection | Article 6(1) |
| eContract provider | A system that meets Article 6(1), biometric matching against identity documents, and a trust services licence covering data message certification | Article 6(3) |
The point most often missed is that the employee needs a digital signature too (Article 6(2)(c)); an electronic employment contract in Vietnam cannot be signed by the employer alone with a click-to-accept from the employee. Under Article 22(3) of Law 20/2023/QH15 on Electronic Transactions, a digital signature must be backed by a digital signature certificate. A drawn signature, or a one-time password that only confirms consent without a certificate-backed signature, does not qualify. Ask the provider how employees obtain a certificate and who pays for it.
On the employer side, the signatory is still the legal representative or a person authorised under Article 18(3) of the Labour Code (Article 5(1) of Decree 337). The decree does not say how the eContract checks an authorisation, so keep the power of attorney with the HR file.
Choosing an eContract provider#
Any provider listed as "connected" on the Ministry of Home Affairs list will do; the law does not designate providers. The list is published on the platform's information site and updated within 24 hours when a connection starts, is suspended or ends (Article 21 of Circular 08; Article 22(6) of Decree 337). Check the list rather than marketing claims. To connect, a provider files an application with the Ministry, which has 20 working days from receipt of a complete file to review it and run technical tests (Article 9 of Circular 08). Providers that had applied but were not yet connected on 1 July 2026 could keep serving clients but had to connect by 20 July 2026; contracts signed in that window remain legally valid and were to be sent for an ID once connected (Article 24(2) of Circular 08).
Two rules are worth knowing before you sign the service agreement. The Ministry suspends a provider if 5% or more of its contracts in a month, counted cumulatively, are refused an ID (Article 10(1)(dd) of Circular 08). Suspension or termination of a provider does not affect contracts already validly concluded (Article 10(5)), and costs and risks caused by the provider's fault may not be passed on to employees or employers who are not at fault, unless agreed otherwise (Article 15(5)). Read the cost and risk allocation clauses of the service agreement with that in mind.
Signing an electronic employment contract in Vietnam: steps and effective date#
Under Article 6(4) of Decree 337 and Article 6 of Circular 08, a new contract goes through these steps:
- The contract is created on the eContract and each signatory's identity is authenticated.
- Each party signs digitally, with a timestamp on every signature.
- The provider certifies the data message.
- Within 24 hours of the last signature, the provider sends the contract to the platform.
- The platform checks identity data, timestamps and certification, and assigns an ID within 24 hours of receipt (Article 6(2) of Circular 08).
- The provider sends the ID-bearing copy to both parties (Article 21(1) of Decree 337).
Under Article 7 of Decree 337, the contract takes effect when the last party has signed digitally, with timestamps and the provider's certification, unless the parties agree otherwise. Issuing the ID does not change when the contract was concluded or took effect (Article 4(3) of Circular 08). Article 13(2) of the Labour Code requires a contract to be concluded before the employee starts work. If the candidate signs on Monday evening and a director overseas signs on Tuesday morning, the contract takes effect on Tuesday. Complete both signatures before the first working day.
Reading the contract ID, and when the platform refuses one#
The ID has one letter and 12 digits (Article 5 of Circular 08/2026/TT-BNV):
- A: concluded from 1 July 2026 through an eContract that meets Article 6 of Decree 337;
- B: converted from a paper contract;
- C: concluded electronically before 1 July 2026.
The first two digits are the last two digits of the year the ID is issued; the other ten are random. The ID never changes. Annexes, suspension notices and termination notices carry the same ID as the original contract (Article 4(2) of Circular 08; Article 9(3) of Decree 337).
The platform refuses an ID, and automatically tells the provider why, in three cases (Article 6(5) of Circular 08): a contract concluded from 1 July 2026 does not meet Article 6(4) of the decree; a converted contract does not meet Article 8(1); or a contract concluded before 1 July 2026 has not been completed with signatures, timestamps and certification, or carries incorrect identity authentication data. Neither text says whether a refused contract remains valid. LexData's reading: the ID does not decide validity (Article 4(3) of Circular 08), but a refusal usually means a condition in Article 6 of the decree was not met, so re-sign promptly.
Existing paper contracts and earlier e-contracts#
Adopting the electronic employment contract in Vietnam does not mean converting or re-signing existing paper contracts. Conversion is voluntary and has conditions (Article 8(1) of Decree 337; Article 12(1) of the Law on Electronic Transactions). The electronic version must preserve the content and carry a mark showing it was converted. The parties to the paper contract must be authenticated. An authorised person of the employer must digitally sign to confirm the copy is accurate and complete. The converted contract then receives a "B" ID with a conversion log that records who converted it, when, the page count, and a sealing digital signature and timestamp (Article 6(1)(b) of Circular 08).
The case that catches HR teams is the electronic annex to a paper contract. Under Article 9(2) of Decree 337, the paper contract must first be converted; only then can an annex be signed electronically. Without conversion, sign the annex on paper as before.
Electronic contracts concluded before 1 January 2026 and still in force continue until they expire and are treated as equivalent to contracts under the decree (Article 29(1)). Article 29 only covers contracts signed before 1 January 2026; for e-contracts signed between 1 January and 30 June 2026 (decree in force, procedure applicable only from 1 July 2026 under Article 28(1)), the decree has no specific transitional rule. Circular 08 deals with all e-contracts concluded before 1 July 2026 in the same way: the provider helps add the missing digital signatures, timestamps and certification and then uploads them for a "C" ID (Article 6(1)(c)). The circular does not say this step is mandatory for employers. LexData's reading: ask your provider to bring those contracts onto the platform, especially long-running ones or those about to need an annex.
Amending, suspending or terminating an electronic contract#
Once a contract is signed electronically, annexes, suspension agreements and termination follow the same procedure as conclusion (Articles 5 to 7 of Decree 337), unless the parties agree otherwise, and they carry the same ID (Article 9(1) and (3)). The decree changes the form only. A party seeking an amendment must still give at least 3 working days' notice (Article 33(1) of the Labour Code), and termination grounds, notice periods and severance are unchanged: see our guide to terminating an employment contract in Vietnam, and, for disciplinary dismissal, the role of internal labour rules in Vietnam.
Can foreign employees sign an electronic employment contract in Vietnam?#
Foreign employees can sign an electronic employment contract in Vietnam using a valid passport plus a valid visa or proof of visa exemption (Article 6(2)(a) of Decree 337), and they still need a digital signature. To log in to the platform themselves, Circular 08 relies on an electronic identification account issued through the national VNeID system (Article 7(1)(a)). Check with the provider how a foreign employee obtains that account and a signature certificate before the start date.
The more delicate point concerns the employer. Article 6(2)(b) requires the legal representative's identity documents and, for a foreigner, a valid Vietnamese visa or proof of visa exemption. LexData's reading: a foreign general director based abroad without a current visa may not meet this condition. The decree does not say whether a person in Vietnam signing under a power of attorney removes the need for the legal representative's documents. Raise this with the provider before roll-out.
Signing electronically does not replace a work permit or a work permit exemption (see what is a work permit in Vietnam and work permit extension). A contract of 12 months or more still triggers social insurance for foreign employees.
Storage, state data sharing and personal data#
Every electronic employment contract in Vietnam signed through eContract ends up, salary terms included, in a central state database.
- What it receives: contracts, annexes, the main contract terms, workforce data and transaction logs (Article 14(1) of Decree 337). Appendix II of Circular 08 lists the fields, including the employee's ID number, address, date of birth and gender, the position, salary, allowances, other payments, salary review terms and insurance.
- Retention: 10 years from termination of the contract, or of the last contract in a series of consecutive contracts (Article 18(3) of Circular 08). Providers must keep contracts at least as long (Article 6(3) of Circular 08).
- Employer duties: keep contract data secure, intact and retrievable (Article 19(2)(b) of Decree 337).
- Provider exit: all contract data is handed over to the platform (Article 21(9) of Decree 337; Article 10(4) of Circular 08).
- Access: organisations and individuals may use their own data, and another person's personal data only with that person's consent (Article 17(3) of Decree 337).
The employer remains responsible for the HR data it puts into the eContract under Article 25 of the Law on Personal Data Protection. Article 25(2)(c) requires deleting employee data when the contract ends, unless otherwise agreed or provided by law. LexData's reading: the platform's 10-year retention is such a rule for data held by the platform and the provider, but internal copies need their own retention schedule. eContract providers must use biometric matching for identity checks (Article 6(3)(b) of Decree 337), which call for specific safeguards under Article 31(4) of Law 91/2025/QH15 (see biometric data). Update the employee privacy notice to mention transfer of contract data to the platform, and put a data processing agreement in place with the eContract provider. More in our handbook entry on employee personal data.
The decree also lets employers use the eContract to declare their workforce and file labour reports under Article 4 of Decree 145/2020/ND-CP (Article 19(1)(b)), and Article 19(2) of Circular 08 requires workforce change reports through the platform. The circular applies to parties that conclude electronic contracts (Article 2). LexData's reading: that reporting duty is limited to employers using them; there is no official guidance yet.
Penalties linked to an electronic employment contract in Vietnam#
Decree 283/2026/ND-CP, in force since 10 September 2026, has no separate offence for electronic contracts, missing IDs or not using the platform. The nearest offence is failing to conclude a written labour contract for work of one month or more: VND 2 million to VND 25 million depending on the number of employees affected (Article 15(1)). These are individual amounts; companies pay double (Article 7(1)), and the employer can be ordered to sign a written contract (Article 15(3)(a)). Whether a non-compliant "electronic" contract would be fined under Article 15(1) is untested. The larger risk is evidential: in a dispute, a contract without proper digital signatures or certification is harder to rely on.
Before you switch to an electronic employment contract in Vietnam#
- Pick a provider shown as "connected" on the platform's list. Check the service terms on employee signature certificates, retention and data export if you change provider.
- Set up the company's digital signature and timestamping, and decide who signs and under what authorisation.
- Review the contract template against the mandatory terms in Article 21 of the Labour Code. A probation clause written into the labour contract (Article 24(1)) follows the electronic procedure; Decree 337 does not mention separate probation contracts, so we do not assert that they must go through the platform.
- Decide whether to convert existing paper contracts, especially those that will soon need annexes.
- Update the employee privacy notice and internal retention rules.
- For foreign employees and a foreign legal representative, check visas, signature certificates and electronic identification accounts.
If you need your template reviewed before switching, a provider agreement checked, or a foreign employee's contract handled, LexData's employment law advice for companies in Vietnam covers this within an agreed scope. This article is general information, not advice on a specific case.
