New government decree outlines requirements, legal validity of ELCs
In Vietnam, the concept of electronic labor contracts (ELCs) is not new, as ELCs are expressly recognized and accorded full legal validity under the prevailing Labor Code. ELCs were anticipated to offer substantial advantages for both employees and employers by cutting down time and costs, while simultaneously enhancing efficiency in human resources management and record-keeping processes. However, five years following its official introduction, the widespread implementation of ELCs appears to have been constrained, primarily due to the lack of comprehensive and clear legal guidance.
In order to resolve these challenges and establish uniform requirements and processes for concluding ELCs, on 24 December 2025, the Government has issued Decree No. 337/2025/ND-CP on ELCs, which officially took effect on 1 January 2026 (Decree 337). Through its five chapters and 30 articles, Decree 337 provides detailed guidance on the requirements, procedures, and legal validity of ELCs, aiming to promote their wider adoption, improve efficiency in human resources management, and ensure legal certainty for both employers and employees.
Decree 337 provides the definition of ELCs as a labor contract that is concluded and established in the form of a data message in accordance with the provisions of labor law and electronic transactions law, carrying the same...
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