Converting paper labor contracts to electronic labor contracts

Lawyer Nguyen Thi Thuy, YouMe Law Company Limited answers:

Article 8 of Decree No. 337/2025/ND-CP Regulating electronic labor contracts (effective from January 1, 2026) stipulates the conversion of form between paper labor contracts and electronic labor contracts as follows:

1. Electronic labor contracts converted from paper labor contracts shall be implemented according to the provisions of Clause 1, Article 12 of the Law on Electronic Transactions and meet the following requirements:

a) The subject of the written labor contract must be authenticated in accordance with the provisions of law on identification and electronic authentication.

b) The converted electronic labor contract must be digitally signed by the competent person of the employer to confirm the accuracy and completeness compared to the original and be responsible before the law for the content of the conversion. The electronic labor contract after conversion must have an ID attached.

2. Employment contracts in paper form converted from electronic labor contracts shall be implemented according to the provisions of Clause 2, Article 12 of the Law on Electronic Transactions.

3. The converted labor contract has the same value as the original when it meets all the conditions according to the provisions of the law on electronic transactions.

Clause 1, Article 12 of the 2023 Law on Electronic Transactions stipulates the conversion of form between paper documents and data messages as follows:

1. Data messages converted from paper documents must meet all of the following requirements:

a) Information in the data message is guaranteed to be as complete as paper documents;

b) Information in data messages that can be accessed and used for reference;

c) Having a separate symbol confirming that it has been converted from paper documents to data and information messages of agencies, organizations, and individuals implementing the conversion;

d) In case the paper document is a license, certificate, certificate, confirmation document, or other approval document issued by a competent agency or organization, the conversion must meet the requirements specified in points a, b and c of this clause and must have the digital signature of the agency or organization performing the conversion, unless otherwise provided by law. The information system serving the conversion must have the conversion feature from a paper document to a data message.

Thus, the conversion of form from paper labor contracts to electronic labor contracts is carried out as above.