The Decree on electronic labor contracts takes effect from January 1, 2026, detailing the procedures for concluding and performing labor contracts in electronic form. This Decree also guides relevant parties such as employers, employees, and state management agencies on methods to exploit and utilize data from electronic labor contracts.
Đối tượng áp dụng
Employers, employees, and related agencies in the implementation of electronic labor contracts.
Các điểm cốt lõi
- The Decree stipulates the procedures for concluding and performing electronic labor contracts from July 1, 2026.
- Requires ministries, sectors, and local authorities to connect and share data with the Electronic Labor Contract Platform.
- Provisions regarding the responsibility of the Ministry of Home Affairs in leading the implementation and guiding the enforcement of this Decree.
- Transitional provisions for contracts established before the Decree takes effect.
- Requires eContract providers to upgrade their systems to meet new requirements for digital signatures and digital signature verification.
🌐 Tác động xã hội từ văn bản này
- Enhance the use of technology in labor management.
- Facilitate employers and employees in concluding and performing electronic labor contracts more easily.
- Improve the effectiveness of state management over labor through the exploitation of data from the electronic labor contract platform.
❓ Câu hỏi thường gặp
When does this Decree take effect?
This Decree takes effect from January 1, 2026, however, the conclusion and performance of electronic labor contracts will begin from July 1, 2026.
Which parties must comply with this Decree?
Employers, employees, and state management agencies related to the implementation of electronic labor contracts must comply with this Decree.
What responsibilities do eContract providers have?
eContract providers must review and upgrade their systems to integrate software for digital signatures and digital signature verification according to the new regulations of the Decree.
Toàn văn
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THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
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Number: 337/2025/NĐ-CP |
Hanoi, December 24, 2025 |
DECREE
Regulations on electronic labor contracts
On the basis of Law on Government Organization No. 63/2025/QH15;
On the basis of Labor Code No. 45/2019/QH14;
On the basis of Law on Electronic Transactions No. 20/2023/QH15;
On the basis of Law on Digital Identity No. 26/2023/QH15;
On the basis of Law on Data No. 60/2024/QH15;
On the basis of Law on Information Technology No. 67/2006/QH11;
On the basis of Law on Cybersecurity No. 86/2015/QH13;
On the basis of Law on Access to Information No. 104/2016/QH13;
On the basis of Law on Cybersecurity No. 24/2018/QH14;
On the basis of Law on Archives No. 33/2024/QH15;
||| Based on the proposal of the Minister of Home Affairs;
The Government promulgates this Decree to regulate electronic labor contracts.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree regulates the conclusion and performance of electronic labor contracts; construction, updating, management, maintenance, exploitation, and use of the electronic labor contract platform.
Article 2. Applicability
1. Workers as defined in Clause 1, Article 3 of the Labor Code conclude and perform electronic labor contracts.
2. Employers as defined in Clause 2, Article 3 of the Labor Code conclude and perform electronic labor contracts.
3. Other agencies, organizations, and individuals related to the implementation of this Decree.
Article 3. Explanation of Terms
In this Decree, the following terms are understood as follows:
1. An electronic labor contract is a labor contract concluded and established in the form of data messages in accordance with the Labor Law and the Law on Electronic Transactions, having the same legal effect as a labor contract in paper form.
2. The electronic labor contract platform is an information system serving large-scale electronic transactions as stipulated in Clause 2, Article 17 of Decree No. 137/2024/NĐ-CP dated October 23, 2024 of the Government on electronic transactions of state agencies and information systems serving electronic transactions. The electronic labor contract platform is built, operated, and managed by the Ministry of Home Affairs; it has the function of centrally managing data on electronic labor contracts and providing common services for agencies, organizations, enterprises, cooperatives, households, and individuals nationwide.
3. The information system serving electronic transactions in the conclusion and performance of electronic labor contracts (hereinafter referred to as eContract) is linked to the electronic labor contract platform, allowing workers and employers to create, sign, store, retrieve, manage electronic labor contracts, and simultaneously report on the use of labor and certify electronic labor contracts in accordance with this Decree.
4. Providers of eContract are organizations and enterprises with eContract selected by employers and workers to conclude and perform electronic labor contracts and certify electronic labor contracts in accordance with this Decree.
5. The unique identifier code of an electronic labor contract (hereinafter referred to as ID) is a series of numbers assigned by the electronic labor contract platform to each electronic labor contract and electronic labor contracts converted from paper-based labor contracts.
6. Certification of electronic labor contracts is an activity carried out by eContract providers through data message certification services in accordance with the Law on Electronic Transactions. The electronic labor contract platform only performs checks, reconciliations, and records the status of certified labor contracts as prescribed.
7. Labor contract data service is a service providing information and data extracted, analyzed, and compiled from the electronic labor contract platform for agencies, organizations, enterprises, and individuals in accordance with the Law on Data. The data service is provided uniformly and centrally at the electronic labor contract platform.
8. Construction of the electronic labor contract platform includes activities establishing, developing, and perfecting the platform, determined from the time the proposal for building the platform is made until the platform is formed, meeting technical requirements and conditions for operation and use.
9. Updating the electronic labor contract platform includes activities ensuring that data in the platform accurately reflects actual developments in a timely manner.
10. Maintaining the electronic labor contract platform includes activities ensuring that the constructed platform continuously operates and maintains appropriate data quality according to the requirements of competent authorities.
11. Exploitation and use of the electronic labor contract platform include activities accessing, extracting, processing, and using labor contract data and applications of the platform for specific purposes.
12. Connecting to the electronic labor contract platform includes activities linking information systems to the platform to exchange and transmit data.
13. Data sharing includes activities transferring and copying data from data management agencies, organizations, and individuals to those needing to exploit and use the data.
Chapter II
CONCLUSION AND PERFORMANCE OF ELECTRONIC LABOR CONTRACTS
Article 4. General Principles
1. The conclusion and performance of electronic labor contracts must comply with the provisions of laws on labor, on electronic transactions, on information security, on data, on personal data protection, on storage, and the provisions of this Decree.
2. Electronic labor contracts must be sent to employees and employers in the form of data messages through appropriate electronic means as agreed upon by the parties.
3. It is encouraged to use electronic labor contracts instead of paper-based labor contracts in personnel management by employers and in the processing of administrative procedures related to labor contracts.
Article 5. Subjects Participating in the Activities of Concluding and Performing Electronic Labor Contracts
The subjects participating in the activities of concluding and performing electronic labor contracts include:
1. Employees and employers authorized to conclude labor contracts in accordance with Article 18 of the Labor Code.
2. Providers of eContract ensuring the conditions stipulated in Clause 3, Article 6 of this Decree.
Article 6. Conditions and Methods for Concluding Electronic Labor Contracts
1. The conclusion of electronic labor contracts shall be carried out through eContract ensuring the following conditions:
a) Using digital signature software and digital signature verification software that meet the requirements of the law on electronic transactions.
b) Having security measures to ensure customer information and electronic labor contract data safety; having technical solutions to maintain and restore electronic contract authentication operations when incidents occur.
c) Having storage solutions to ensure the integrity of electronic document data; ensuring the ability to search for concluded electronic labor contracts on eContract.
d) Having functions to ensure correct identification of subjects and to perform identity verification according to the law on electronic identification and authentication of employees and employers.
đ) Having technical measures to confirm that organizations and individuals who have been identified agree with the contents of the labor contract.
e) Having functions to authenticate electronic labor contracts according to the law on electronic transactions to authenticate electronic labor contracts before sending them to the Electronic Labor Contract Platform to attach IDs.
g) Having functions to convert between electronic labor contracts and paper-based labor contracts according to the law on electronic transactions.
h) Providing electronic transaction accounts complying with the conditions stipulated in Article 46 of the Law on Electronic Transactions.
i) Having functions to assist employers in reporting labor usage situations according to labor law regulations through protocols and formats prescribed by the Ministry of Home Affairs.
k) Having functions to aggregate, statistically analyze, and periodically or urgently report to serve the management of electronic labor contract transactions.
l) Connecting through standard application programming interface (API) with the Electronic Labor Contract Platform as prescribed by the Ministry of Home Affairs.
m) Ensuring technical requirements for information security according to the law on information security.
2. Employers and employees must ensure the following conditions:
a) For employees and individual employers: identification documents including citizen identification cards, identification cards, electronic identification cards, certificates of identification, level 2 electronic identification accounts, passports valid for use; entry visas valid for use or documents proving visa exemption (for foreign individuals).
b) For corporate, agency, organization, cooperative, household employers: establishment decisions or decisions regarding functions, tasks, authorities, organizational structures, business registration certificates, investment certificates, business operation registration certificates, and identification documents of the legal representatives of the corporation, agency, organization, cooperative, household, including: citizen identification cards, identification cards, certificates of identification, level 2 electronic identification accounts, passports valid for use; entry visas valid for use or documents proving visa exemption (for foreign individuals).
c) Having digital signatures and using time-stamping services according to the law on electronic transactions.
3. Providers of eContract must ensure the following conditions:
a) Having eContract meeting the conditions specified in Clause 1 of this Article.
b) Having solutions and technology to collect, verify, compare, and ensure accurate matching between information identifying organizations and individuals, biometric data of the legal representatives of organizations and individuals (which are biological characteristics linked to the legal representatives of organizations and individuals implementing identification, difficult to forge, with low matching rates such as fingerprints, facial features, iris patterns, voiceprints, and other biometric factors) with corresponding information and biometric factors on the identification documents of the legal representatives of organizations and individuals stipulated in Clause 2 of this Article, and ensuring correct identification of subjects and performing identity verification according to the law on electronic identification and authentication.
c) Having a Business License for Trust Services with permitted service types including providing data message certification services according to the law on electronic transactions.
4. Electronic labor contracts are established, authenticated for the identification of contracting subjects, digitally signed, time-stamped, and attached with digital signatures of the contracting subjects, and certified by the provider's data message certification into the electronic labor contract on eContract ensuring the conditions stipulated in Clause 1 of this Article. Within 24 hours from the time of the last signature, the provider of eContract must send the electronic labor contract to the Electronic Labor Contract Platform to attach IDs according to the regulations of the Ministry of Home Affairs.
Article 7. Effectiveness of electronic labor contracts
An electronic labor contract becomes effective from the moment the last party signs it digitally, with the timestamp attached to the digital signatures of the participating subjects and the verification message data provided by the eContract provider for the electronic labor contract, except where the parties have agreed otherwise.
Article 8. Conversion between paper-based labor contracts and electronic labor contracts
1. An electronic labor contract converted from a paper-based labor contract shall be carried out in accordance with the provisions of Clause 1, Article 12 of the Law on Electronic Transactions and must meet the following requirements:
a) The contracting subject of the paper-based labor contract must be authenticated in accordance with the laws on electronic identification and authentication.
b) The electronic labor contract being converted must be signed digitally by an authorized representative of the employer to confirm its accuracy and completeness compared to the original and bear responsibility under the law for the content of the conversion. After conversion, the electronic labor contract must be assigned an ID.
2. A paper-based labor contract converted from an electronic labor contract shall be carried out in accordance with the provisions of Clause 2, Article 12 of the Law on Electronic Transactions.
3. An electronic labor contract that has been converted shall have the same value as the original when it meets all conditions stipulated by the law on electronic transactions.
Article 9. Amendment, supplementation, suspension, termination of electronic labor contracts
1. In cases where a labor contract has been concluded through electronic means, the amendment, supplementation, suspension, and termination of electronic labor contracts shall be carried out in accordance with the provisions of Articles 5, 6, and 7 of this Decree regarding the conclusion of electronic labor contracts, except where the parties have agreed otherwise.
2. In cases where a labor contract is concluded in paper form, the amendment, supplementation, suspension, and termination of labor contracts through data message forms shall be carried out in the following sequence:
a) Convert to an electronic labor contract in accordance with the provisions of Clause 1, Article 8 of this Decree.
b) The amendment, supplementation, suspension, and termination of the electronic labor contract after conversion shall be carried out in accordance with the provisions of Clause 1 of this Article.
3. Any appendices to the labor contract, temporary suspension agreements, and termination notices of electronic labor contracts or converted electronic labor contracts must be assigned the same ID as the labor contract to ensure consistency, integrity, and the ability to trace transaction history among related parties.
Chapter III
CONSTRUCTION, UPDATE, MAINTENANCE, EXPLOITATION AND USE OF THE ELECTRONIC LABOR CONTRACT PLATFORM
Article 10. Principles for construction, update, maintenance, exploitation and use of the Electronic Labor Contract Platform
1. The Electronic Labor Contract Platform shall be centrally constructed, managed, and operated; uniformly exploited and used from central to local levels.
2. The Electronic Labor Contract Platform shall maintain continuous, stable, and smooth operation to meet management requirements for concluding and implementing electronic labor contracts; and exploitation and use requirements of agencies, organizations, and individuals as prescribed by law.
3. Information and data about electronic labor contracts shall be securely stored, kept confidential, ensuring their integrity and compliance with legal regulations on cybersecurity, data, and personal data protection.
4. Construction, update, maintenance, exploitation, and use of the Electronic Labor Contract Platform shall comply with relevant legal provisions and be consistent with the National Digital Architecture Framework.
Article 11. Construction of the Electronic Employment Contract Platform
The construction of the Electronic Employment Contract Platform includes the following activities:
1. Designing the architecture of the Electronic Employment Contract Platform to be compatible with the national digital overall framework.
2. Establishing an information system for storing, managing updates, maintaining, and exploiting electronic employment contract data, including technical infrastructure, hardware, software, applications through new investment, service leasing, using existing information systems, or public-private partnerships in accordance with laws on public investment, public-private partnership investment, state budget, bidding, and related laws.
3. Collecting, standardizing, creating, and providing services for electronic employment contract data.
4. Other activities as prescribed by law.
Article 12. Accounts on the Electronic Employment Contract Platform
Accounts on the Electronic Employment Contract Platform are issued by the Ministry of Home Affairs and managed and used in accordance with laws on electronic transactions.
Article 13. Technical Infrastructure of the Electronic Employment Contract Platform
1. The technical infrastructure of the Electronic Employment Contract Platform includes: server systems, workstations, equipment ensuring network connectivity, devices ensuring cybersecurity, encryption devices, storage devices, internet connection systems, and other equipment.
2. The technical infrastructure of the Electronic Employment Contract Platform is stored and operated based on the infrastructure of the National Data Center.
Article 14. Collection, Update, and Management of Data on the Electronic Employment Contract Platform
1. Data collected, updated, and managed on the Electronic Employment Contract Platform include:
a) Electronic employment contracts, appendices to electronic employment contracts, and other related electronic documents that ensure compliance with all conditions and methods for concluding, amending, supplementing, and terminating electronic employment contracts as stipulated in Article 6 and Article 9 of this Decree.
b) Electronic employment contracts converted from paper-based employment contracts as stipulated in Clause 1 of Article 8 of this Decree.
c) Information on the main contents of employment contracts as prescribed by labor laws.
d) Information on the situation of labor utilization by enterprises, agencies, organizations, cooperatives, households, and individuals.
đ) Information on transaction logs of electronic employment contracts, including access information, operation history, transaction event chains, data messages, authentication timestamps, IDs, and technical metadata generated during the creation, conclusion, amendment, supplementation, suspension, termination, and storage of electronic employment contracts.
e) Other information serving state management of labor as prescribed by law.
2. Sources for collecting and updating data into the Electronic Employment Contract Platform
a) eContract providers send and automatically synchronize according to technical standards for data specified in points a, b, đ, and e of Clause 1 of this Article.
b) Employers update directly the data specified in point c and point e of Clause 1 of this Article through accounts issued on the Electronic Employment Contract Platform.
c) Provincial Departments of Home Affairs directly update data as specified in point d and point e of Clause 1 of this Article through accounts issued on the Electronic Employment Contract Platform.
d) National databases and specialized databases share data for cross-referencing and verifying information on electronic employment contracts.
đ) Other sources as prescribed by law on data.
3. The Ministry of Home Affairs shall coordinate with relevant agencies, organizations, and individuals to issue a list of core data, a list of open data, and a list of shared data in the Electronic Employment Contract Platform in accordance with data laws.
4. Data on electronic employment contracts shall be managed and stored in accordance with laws on recordkeeping and data.
Article 15. Data services on the Electronic Employment Contract Platform
1. Data sharing service for the purpose of handling administrative procedures related to employment contracts by state agencies.
2. Data synchronization service with the main data of the Electronic Employment Contract Platform for the purpose of standardizing and unifying data between relevant databases and information systems within state agencies.
3. Data aggregation, statistics, analysis, and reporting service on electronic employment contracts to support management, guidance, and operation by authorized authorities; administrative reform, and enhancement of public administration capacity.
4. Data provision service of electronic employment contracts to individuals and businesses to develop digital economy and society.
Article 16. Connection and Data Sharing with the Electronic Employment Contract Platform
1. National databases, specialized databases, National Data Center, e-Government portal, information system for handling administrative procedures, integration and data sharing platforms at the ministry level, provincial level, and other information systems of state agencies, other databases connect to the Electronic Employment Contract Platform through telecommunications networks, the Internet, computer networks, and information systems according to laws on connection and data sharing, open data for electronic transactions of state agencies.
2. To ensure confidentiality, security, and information safety, and protect personal data when connecting and sharing information with the Electronic Employment Contract Platform, the information systems of state agencies and organizations must meet the following requirements:
a) Comply with technical standards and norms for information technology in connection and sharing with the Electronic Employment Contract Platform.
b) Ensure minimum level 3 information security according to laws on ensuring information system security levels when officially connecting.
3. The connection and data sharing as stipulated in Clause 1 of this Article shall be implemented based on a written agreement between the Ministry of Home Affairs and the managing agency or organization of the database or information system.
4. The Ministry of Home Affairs has the responsibility to notify in writing the refusal or temporary suspension of data connection and sharing in the Electronic Employment Contract Platform in the following cases:
a) The information system of the agency or organization requesting connection does not meet the conditions stipulated in Clause 2 of this Article.
b) The connected agency or organization engages in unauthorized access, altering, deleting, destroying, or disseminating information in the Electronic Employment Contract Platform.
c) The connected agency or organization violates personal data protection regulations or the agreed content with the Ministry of Home Affairs as stipulated in Clause 3 of this Article.
Article 17. Subjects Exploiting and Using Data and Services in the Electronic Employment Contract Platform
1. The Ministry of Home Affairs exploits and uses data and services in the Electronic Employment Contract Platform to serve state management work on electronic employment contract transactions according to Clause 2 of Article 49 and Clause 3 of Article 50 of the Law on Electronic Transactions; statistics and aggregation to serve leadership, guidance, and operation by authorized authorities and planning and policy formulation work on employment, labor, labor relations, wages, and social insurance.
2. State agencies, political organizations, and socio-political organizations exploit data and use services in the Electronic Employment Contract Platform to serve state management work according to their assigned functions, tasks, and powers.
3. Agencies, organizations, and individuals are permitted to exploit and use their own data; personal data of others if they have obtained consent from those individuals according to the law.
Article 18. Methods for Exploitation and Use of Data on the Electronic Employment Contract Platform
Organizations, enterprises, individuals exploit and use data on the Electronic Employment Contract Platform in the following ways:
1. Through electronic employment contract data services provided on the Electronic Employment Contract Platform.
2. Through connection and sharing of data between the Electronic Employment Contract Platform and national databases, other databases, and related information systems.
3. Through a request for data provision:
a) Organizations, enterprises, individuals with a request for data provision from the Electronic Employment Contract Platform shall send it to the Ministry of Home Affairs.
b) The request for data provision must clearly state the purpose, scope of data required from the Electronic Employment Contract Platform, and commit to using the provided data for its intended purpose.
c) Within seven working days from the date of receipt of the request, based on legal regulations, the Ministry of Home Affairs will examine and decide on granting permission for exploitation and provision of data according to the provisions.
d) In case of agreement to allow data exploitation, there will be a reply letter and provision of data to the organization, enterprise, individual. In case of disagreement to allow data exploitation, there must be a reply letter stating the reasons.
Chapter IV
IMPLEMENTATION
Article 19. Rights and Responsibilities of Employers
1. Employers have the following rights:
a) Register and use an account to access the Electronic Employment Contract Platform to search, verify, and manage their own electronic employment contract data.
b) Use eContract to report labor and report on labor usage status as prescribed in Article 4 of Decree No. 145/2020/NĐ-CP dated December 14, 2020 of the Government detailing and guiding the implementation of certain articles of the Labor Code regarding labor conditions and labor relations.
c) Share and use their own electronic employment contract data from the Electronic Employment Contract Platform to report on labor usage status, perform administrative procedures, and related electronic transactions as prescribed by law.
2. Employers have the following responsibilities:
a) Implement the conclusion, amendment, supplementation, suspension, and termination of electronic employment contracts as prescribed in this Decree.
b) Store and secure electronic employment contract data, ensuring integrity and accessibility when necessary.
c) Cooperate with eContract providers and state management agencies in checking, verifying information, and resolving issues related to electronic employment contracts.
d) Organize guidance, training, and provide means and conditions to support employees in concluding and performing electronic employment contracts; using and accessing electronic employment contracts on the Electronic Employment Contract Platform.
đ) Immediately notify the management agency of the Electronic Employment Contract Platform upon discovering signs of security risks, forgery, misinformation, or unauthorized access.
e) Comply with legal regulations on protecting state secrets, personal data protection, and operational rules of the Electronic Employment Contract Platform during the exploitation and use of electronic employment contract data.
Article 20. Rights and responsibilities of workers
1. Workers have the following rights:
a) Register and use an account to access the Electronic Employment Contract Platform to search, verify, and manage their own electronic employment contract data.
b) To share and use their electronic employment contract data from the Electronic Employment Contract Platform to perform administrative procedures and related electronic transactions as prescribed by law.
2. Workers have the following responsibilities:
a) Implement the conclusion, amendment, supplementation, suspension, and termination of electronic employment contracts as prescribed in this Decree.
b) To keep account access information confidential and not to share it with others for unauthorized use.
c) To update personal information fully and accurately according to guidelines when registering an account on the Electronic Employment Contract Platform.
d) To immediately notify the management authority of the Electronic Employment Contract Platform upon discovering signs of security risks, forgery, misinformation, or unauthorized access.
đ) To comply with laws regarding the protection of state secrets, personal data protection, and operational regulations of the Electronic Employment Contract Platform during the exploitation and use of electronic employment contract data.
Article 21. Responsibilities of the eContract Provider
1. To send the electronic employment contract attached with an ID to both the worker and the employer through appropriate electronic means as agreed upon in the service provision agreement.
2. To establish a stable and secure technical connection channel with the Electronic Employment Contract Platform, ensuring accurate, timely, and secure data transmission.
3. To publicly announce the operating methods, service quality on the official website of the eContract Provider, including: registration process for using services, forms, related costs, and service provision conditions.
4. To ensure continuous, secure, and complete electronic employment contract data; necessary conditions for concluding electronic employment contracts and conducting transactions as required by relevant parties in concluding and implementing electronic employment contracts.
5. To provide tools for employers to digitize and convert between paper-based employment contracts and electronic employment contracts; reporting tools on labor usage status as prescribed by law.
6. To fully implement reporting systems on the implementation of eContract activities; on the status of electronic employment contract transactions on eContract as prescribed by the Ministry of Home Affairs.
7. To store electronic employment contract data in accordance with legal provisions on storage.
8. To develop and maintain technical, organizational, personnel, and business process solutions to implement the authentication of electronic employment contracts.
9. In case the eContract Provider ceases operations, all electronic employment contract data must be transferred to the Electronic Employment Contract Platform according to the guidelines of the Ministry of Home Affairs.
Article 22. Responsibilities of the Ministry of Home Affairs
1. To take the lead and coordinate with relevant agencies to organize the implementation, guidance, inspection, and supervision of the provisions of this Decree.
2. To take the lead and coordinate with the Vietnam General Confederation of Labor and relevant agencies to implement the construction, updating, maintenance, exploitation, and use of the Electronic Employment Contract Platform in accordance with the law.
3. To develop and promulgate the Architecture Model and Operational Regulations of the Electronic Employment Contract Platform.
4. To develop, review, update, and promulgate guidelines on the functions and technical features of the Electronic Employment Contract Platform; on the issuance and management of IDs; on reporting systems serving state management of electronic employment contract transactions.
5. To take the lead and coordinate with the Ministry of Science and Technology to guide on connecting, sharing, updating, exploiting, and using data and services provided on the Electronic Employment Contract Platform; on technical standards and norms for information technology connections and data sharing between the Electronic Employment Contract Platform and national databases, specialized databases, public service portals, administrative procedure resolution information systems, eContract.
6. To publish a list of eContract Providers meeting the conditions to connect with the Electronic Employment Contract Platform.
Article 23. Responsibilities of the Ministry of Public Security
1. Provide infrastructure at the National Data Center to meet the needs for building, operating the Electronic Employment Contract Platform.
2. Coordinate with the Ministry of Home Affairs to issue the list of primary data, the list of open data, and the list of shared data within the Electronic Employment Contract Platform.
3. Coordinate with the Ministry of Home Affairs in selecting the implementation methods and determining the costs to ensure the activities of building, updating, managing, maintaining, exploiting, and using the Electronic Employment Contract Platform.
Article 24. Responsibilities of the Ministry of Finance
Coordinate with the Ministry of Home Affairs to ensure funding for the activities of building, updating, managing, maintaining, exploiting, and using the Electronic Employment Contract Platform according to the laws on public investment, public-private partnership investment, state budget, bidding, and related laws.
Article 25. Responsibilities of the Ministry of Science and Technology
1. Coordinate with the Ministry of Home Affairs to develop guidelines for implementing management activities, data exploitation, technical standards, and technical regulations for information technology connection and sharing between the Electronic Employment Contract Platform and other national databases, specialized databases, public service portals, administrative procedure information systems.
2. Coordinate with the Ministry of Home Affairs in selecting the implementation methods and determining the costs to ensure the activities of building, updating, managing, maintaining, exploiting, and using the Electronic Employment Contract Platform.
Article 26. Responsibilities of ministries, ministerial-level agencies, and government agencies
1. Connect and share data from national databases and specialized databases under their jurisdiction with the Electronic Employment Contract Platform.
2. Review and adjust administrative regulations and procedures under their jurisdiction to use electronic employment contract data from the Electronic Employment Contract Platform according to this Decree and relevant laws.
3. Adhere to laws on protecting state secrets, personal data protection, and operational rules of the Electronic Employment Contract Platform during the exploitation and use of electronic employment contract data.
Article 27. Responsibilities of People's Committees of provinces and centrally governed cities
1. Connect and share data within their jurisdiction with the Electronic Employment Contract Platform.
2. Review and adjust administrative regulations and procedures within their functions and tasks to use electronic employment contract data from the Electronic Employment Contract Platform for exploitation and use according to this Decree and relevant laws.
3. Adhere to laws on protecting state secrets, personal data protection, and operational rules of the Electronic Employment Contract Platform during the exploitation and use of electronic employment contract data.
4. Direct the Department of Home Affairs to perform the following tasks:
a) Promote and disseminate regulations on electronic employment contracts to employers, employees, and related agencies and organizations in their jurisdiction.
b) Guide, inspect, and supervise the implementation of regulations on electronic employment contracts in their jurisdiction.
c) Provide information and update reports on labor usage by employers in their jurisdiction and other reports as prescribed by labor laws and guidelines of the Ministry of Home Affairs.
Chapter V
IMPLEMENTING PROVISIONS
Article 28. Effective Date
1. This Decree takes effect from January 1, 2026.
Not later than July 1, 2026, the electronic employment contract platform must be officially put into operation. The conclusion and performance of electronic employment contracts shall be carried out in accordance with the provisions of this Decree from July 1, 2026.
2. In cases where legal normative documents cited in this Decree are amended, supplemented, or replaced, they shall be implemented according to the newly issued documents.
Article 29. Transitional Provisions
1. Electronic employment contracts concluded before the effective date of this Decree and still valid on the effective date of this Decree shall continue to be performed in accordance with labor laws and electronic transaction laws until the expiration of the electronic employment contract period and have equivalent value to electronic employment contracts that meet the conditions and methods stipulated in this Decree.
2. Electronic employment contracts established before the effective date of this Decree and not fully executed on the effective date of this Decree shall continue to be performed in accordance with labor laws and electronic transaction laws, except in cases where the parties agree to apply the provisions of this Decree.
3. In cases where the eContract provider uses digital signatures in transactions with the parties involved in transactions on eContract, the eContract provider is responsible for reviewing and upgrading the information system, application software to integrate digital signature software, digital signature verification software in compliance with the provisions of this Decree and related laws.
Article 30. Responsibility for Implementation
1. The Minister of Home Affairs shall guide, monitor, urge, and inspect the implementation of this Decree; report periodically annually or at any time to the Government and the Prime Minister.
2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of People's Committees at all levels, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree.
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PRIME MINISTER DEPUTY PRIME MINISTER DEPUTY PRIME MINISTER (Signed)
Phạm Thị Thanh Trà |
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