Concluding labor contracts electronically

Lawyer Nguyen Thi Thuy, YouMe Law Company Limited replied:

Clause 1, Article 14 of the 2019 Labor Code stipulates the form of labor contract as follows:

1. The labor contract must be concluded in writing and made in 2 copies, the employee keeps 1 copy, the employer keeps 1 copy, except for the case specified in Clause 2 of this Article.

A labor contract concluded through electronic means in the form of a data message in accordance with the law on electronic transactions has the same value as a written labor contract.

Clause 1, Article 34 of the Law on Electronic Transactions 2023 regulates electronic contracts as follows:

1. Electronic contracts concluded or performed from the interaction between an automatic information system and a person or between automatic information systems are not denied legal validity just because there is no agreement. Human inspection or intervention in each specific action performed by automated information systems or in contracts.

Article 35 of the Law on Electronic Transactions 2023 regulates the conclusion of electronic contracts as follows:

1. Entering an electronic contract is the use of data messages to conduct part or all of a transaction during the process of entering into an electronic contract.

2. Offer to enter into and acceptance to enter into an electronic contract is made via data message, unless the parties have otherwise agreed.

Article 36 of the Law on Electronic Transactions 2023 stipulates the principles of entering into and implementing electronic contracts as follows:

1. The parties have the right to agree to use data messages and electronic means in part or in whole in entering into and implementing electronic contracts.

2. When concluding and implementing an electronic contract, the parties have the right to agree on technical requirements and conditions to ensure integrity and confidentiality related to that electronic contract.

3. The conclusion and implementation of electronic contracts must comply with the provisions of this Law, the provisions of law on contracts and other relevant provisions of law.

Thus, entering into labor contracts by electronic means must comply with the principles prescribed above.