When do electronic labor contracts apply? Are they mandatory? Can paper labor contracts be completely replaced?

Electronic labor contract is a labor contract concluded and established in the form of a data message according to the provisions of labor law and law on electronic transactions, and has the same legal value as a paper labor contract (Clause 1, Article 3 of Decree 337/2025/ND-CP).

The conclusion and implementation of electronic labor contracts must comply with the provisions of law on labor, electronic transactions, network information security, data, personal data protection, storage and the provisions of Decree 337/2025/ND-CP.

Electronic labor contracts must be sent to employees and employers in the form of data messages through appropriate electronic means as agreed by the parties.

Encourage the use of electronic labor contracts to replace paper labor contracts in the employer’s human resource management and in handling administrative procedures related to labor contracts (Article 4 of Decree 337/2025/ND-CP).

The conclusion and implementation of electronic labor contracts will be carried out according to the provisions of Decree 337/2025/ND-CP from July 1, 2026.

No later than July 1, 2026, the electronic labor contract platform must be officially put into operation (Article 28 of Decree 337/2025/ND-CP).

=> Thus, the law stipulates that electronic labor contracts will still have the same legal value as written labor contracts, which acknowledges the existence of these two types of contracts. From July 1, 2026 (not a mandatory timeline to use electronic labor contracts or abolish paper labor contracts) => This is a specific timeline to apply the provisions of Decree 337/2025/ND-CP when concluding and implementing electronic labor contracts. At the same time, it is time for the electronic labor contract platform to be officially put into operation.

Paper labor contracts are still used without limitation or abolition.

The law only encourages the use of electronic labor contracts to replace paper labor contracts in the employer’s human resources management and in handling administrative procedures related to labor contracts.

Note:

– In case legal documents cited in Decree 337/2025/ND-CP are amended, supplemented or replaced, the newly issued documents shall apply. 

– Electronic labor contracts that are concluded before the effective date of Decree 337/2025/ND-CP and are still valid until the effective date of this Decree will continue to be implemented in accordance with the provisions of labor law and electronic transaction law until the end of the term of the electronic labor contract and have the same value as an electronic labor contract that meets the conditions and methods prescribed in the Decree. 337/2025/ND-CP.

Electronic labor contracts that are established before the effective date of Decree 337/2025/ND-CP and have not yet been implemented by the effective date of this Decree will continue to be implemented in accordance with the provisions of labor law and electronic transaction law, unless the parties agree to apply the provisions of Decree 337/2025/ND-CP.

Please contact us for details on the following:

– Full and detailed regulations on electronic labor contracts from January 1, 2026;

– Regulations on concluding and implementing electronic labor contracts according to Decree 337/2025/ND-CP;

– Instructions for signing electronic labor contracts from July 1, 2026. Concluding electronic labor contracts according to Decree 337 – Legality of electronic labor contracts from January 1, 2026.