Abstract
This article examines Vietnamese legal regulations on the form of labor contracts, with a focus on electronic labor contracts (eContracts) under the 2019 Labor Code and guiding documents. It analyzes the legal basis of eContracts, evaluates limitations and shortcomings in their application, and proposes solutions for legal improvement. Based on analysis, synthesis, and comparison of legal provisions, the article identifies issues such as inconsistencies between labor law, civil law, and enterprise law regarding representation, limitations in methods for authenticating the parties’ intent, legal gaps in the pre-contractual stage, and the absence of specific rules on scanned and image-based signatures in eContracts. The findings clarify theoretical and practical issues related to eContracts and offer recommendations for improving the legal framework to meet digital transformation requirements and protect the lawful rights and interests of parties in labor relations.
Keywords: EContract, electronic labor contracts, labor contracts.