HR Electronic Records

Vietnam - Natively Electronic Documents

 Download as a PDF

What is the legal value of native electronic documents (that do not require signature by the parties)?

 

The majority of legislation generally recognizes the validity and probative value of documents that are natively electronic (i.e., created as electronic originals), subject to compliance requirements.

tadas-mikuckis-45432In Vietnam, “data messages” cannot be denied validity solely because they are in electronic form (Law on E-Transactions, No. 51/2005/QH11). “Data messages” include information that has been created, transferred, received and stored via electronic means. There is no general restriction on the electronic distribution or storage of HR-related documents. 


If a data message is required for evidence, the validity of the record as evidence will be based on (Art. 14):

  • the reliability of the method used to generate, store or communicate the message;
  • how the data message’s integrity was ensured and maintained;
  • how the identity of the data message’s creator was identified; and,
  • other relevant factors.

Therefore, HR-related documents can generally be created directly in electronic form without the need for a paper original.

UKG's HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where UKG's customers have employees. HR Compliance Assist is a service exclusively available to UKG customers.

Share Your Feedback

Let's Talk