Representatives from companies attend the event on Wednesday morning. — VNS Photo Ly Ly Cao

HÀ NỘI — Electronic labour contracts are set to become an increasingly important part of workforce management, with new rules establishing a national digital platform for contract data while introducing specific identification, authentication and documentation requirements for foreign employees.

The changes were discussed at a dialogue on new regulations and implementation issues concerning social insurance, health insurance and electronic labour contracts, organised by the Hanoi Support Centre for Enterprise and Investment Promotion (SCE) under the Hanoi Department of Finance on August 26.

Under the regulatory framework, an electronic labour contract is established as a data message created, sent, received and stored electronically. It carries the same legal validity as a paper labour contract. 

The use of electronic contracts is not compulsory but is encouraged as an alternative to paper documents in human resource management and related administrative procedures. 

The framework is governed by the 2019 Labour Code, Decree 337/2025/NĐ-CP and Circular 08/2026/TT-BNV, alongside regulations on electronic transactions, digital signatures and personal data protection. 

From July 1, electronic labour contracts signed after that date must be submitted to the platform for issuance of a unique identification code, or ID. Contracts signed before July 1 and remaining valid on that date can continue until their expiry under existing labour and electronic transaction regulations. 

The ID is attached to the contract rather than the individual employee, an important distinction for employers managing large or frequently changing workforces.

Responding to businesses at the dialogue, Trần Hải Nam, deputy director general of the Department of Wage and Social Insurance under the Ministry of Home Affairs, said when an employment relationship ends, the ID associated with that electronic contract also ends with it.

"If the employee later returns and signs a new labour contract, a new ID will be issued," Nam said.

"If the same contract has only been temporarily suspended and the employee later returns to continue working under that contract, the old ID remains. The general principle is that the ID follows the contract, not the employee."

According to Nam, an ID is issued once and remains unchanged when an electronic contract is amended, supplemented, temporarily suspended or terminated. Related appendices and notices are linked to the same ID, allowing authorities to maintain the integrity and traceability of the contract's transaction history. 

Once the final party signs electronically, the eContract provider must send the contract to the national platform within 24 hours for the ID to be assigned. 

However, implementation still depends on service providers completing the technical connection to the national system. 

Trần Hải Nam, deputy director general of the Department of Wage and Social Insurance, speaks at the event. — VNS Photo Ly Ly Cao

Nam advised businesses considering switching eContract providers to select providers that are connecting to the platform. The Ministry of Home Affairs is expected to publish a list of eligible providers on the platform's website.

"Based on the information we have received from the Ministry of Science and Technology regarding data certification, even in the fastest scenario, it may not be until October that the first provider can connect to the platform," he said.

The system requires eContract providers to authenticate the identities of employers and employees, certify contracts before submitting them for an ID and connect with the national platform through a standard application programming interface, or API. 

The requirements are particularly relevant for foreign employees.

To enter into an electronic labour contract, foreign workers must provide a valid entry visa or documentation proving visa exemption, while digital signatures and legally compliant timestamp services are required for the contracting parties. 

Electronic contracts could also facilitate data sharing with tax authorities, social insurance agencies and labour-management bodies, including registration or adjustment of employees' social, health and unemployment insurance participation. 

For foreign workers, the 2024 Social Insurance Law stipulates that foreign citizens working in Việt Nam under fixed-term labour contracts of at least 12 months with Vietnamese employers are generally subject to compulsory social insurance. 

Exceptions include intra-company transferees, employees who have already reached retirement age when signing their contracts and cases governed differently by international treaties to which Việt Nam is a party. 

The new framework therefore links the digitalisation of employment records more closely with identification, labour administration and insurance compliance as businesses expand their use of electronic workforce-management systems. — BIZHUB/VNS