Is it legal to conclude an electronic employment contract in Vietnam?
What is an employment contract in Vietnam?
According to the provisions of Article 13 of the Labor Code 2019 on the concept of an employment contract as follows:
Employment contract
1. An employment contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in labor relations.
A document with a different name is also considered an employment contract if it contains the agreement on the paid job, salary, management and supervision of a party.
2. Before recruiting an employee, the employer shall enter into an employment contract with such employee.
Accordingly, an employment contract is an agreement between an employee and an employer on a paid job, salary, working conditions, and the rights and obligations of each party in labor relations.
A document with a different name is also considered an employment contract if it contains the agreement on a party's paid job, salary, management, and supervision.
Before recruiting an employee, the employer shall enter into an employment contract with such an employee.
Is it legal to conclude an electronic employment contract in Vietnam?
Pursuant to the provisions of Article 14 of the Labor Code 2019 on forms of the employment contract as follows:
Forms of employment contract
1. An employment contract shall be concluded in writing and made into two copies, one of which will be kept by the employee, the other by the employer, except for the case specified in Clause 2 of this Article.
An employment contract in the form of electronic data conformable with electronic transaction laws shall have the same value as that of a physical contract.
2. Both parties may conclude an oral contract with a term of less than 01 month, except for the cases specified in Clause 2 Article 18, Point a Clause 1 Article 145 and Clause 1 Article 162 of this Labor Code.
Accordingly, an employment contract shall be concluded in writing and made into two copies, one of which will be kept by the employee, the other by the employer unless an employment contract is concluded in the form of electronic data conformable with electronic transaction laws.
An employment contract in the form of electronic data conformable with electronic transaction laws shall have the same value as that a physical contract.
Thus, it is legal to conclude an electronic employment contract in Vietnam and it shall have the same value as a physical contract.
What are the regulations on competence to conclude electronic employment contracts in Vietnam?
Pursuant to Article 18 of the Labor Code 2019 on competence to conclude electronic employment contracts in Vietnam as follows:
- Employees may directly conclude their employment contracts, except for the cases specified in Clause 2 of this Article.
- In respect of seasonal works or certain jobs which have a duration of less than 12 months, a group of employees aged 18 or older may authorize the representative of the group to conclude the employment contract, in which case such employment contract shall be effective as if it was separately concluded by each of the employees.
The employment contract concluded by the said representative must be enclosed with a list clearly stating the full names, ages, genders, residences, and signatures of all employees concerned.
- The person who concludes the employment contract on the employer’s side shall be:
+ The legal representative of the enterprise or an authorized person as prescribed by law;
+ The head of the organization that is a juridical person, or an authorized person as prescribed by law;
+ The representative of the household, artels or an organization that is not a juridical person, or an authorized person as prescribed by law;
+ The individual who directly hires the employee.
- The person who concludes the employment contract on the employee’s side shall be:
+ The employee himself/herself if he/she is 18 or older;
+ The employee aged 15 to under 18 with a written consensus by his/her legal representative;
+ The employee aged under 15 and his/her legal representative;
+ The employee is lawfully authorized by the group of employees to conclude the employment contract.
- The person who is authorized to conclude the employment contract must not authorize another person to conclude the employment contract.
LawNet
