Is it necessary to have a written agreement from the legal representative of the person under 13 years of age in Vietnam?
- Is it necessary to have a written agreement from the legal representative of the person under 13 years of age in Vietnam?
- Which agency has the competence to approve the employment of persons under 13 years of age in Vietnam?
- What are the procedures for application for employment of persons under 13 years of age in Vietnam?
Is it necessary to have a written agreement from the legal representative of the person under 13 years of age in Vietnam?
Pursuant to the provisions of Article 6 of Circular No. 09/2020/TT-BLDTBXH as follows:
Applications for employment of persons under 13 years of age
An application for employment of a person under 13 years of age includes:
1. An application for employment of person under 13 years of age, which is made using Form No. 01 in Appendix I enclosed therewith.
2. Copy of the enterprise/ cooperative/ cooperative union registration certificate or investment registration certificate or written approval for investment guidelines or decision on regulatory body or organization establishment or cooperation agreement of cooperative group (if the employer is an enterprise, regulatory body, organization or cooperative) or copy of family registry or record of temporary residence (if the employer is a household or individual).
3. Copy of police record of the person who concludes the employment contract on the employer’s side according to regulations in Point a Clause 1 Article 4 of this Circular.
4. Statement of no criminal prosecution and administrative penalty for child exploitation and abuse according to regulations in Point b Clause 1 Article 4 of this Circular.
5. Employment contract or draft employment contract between the employer and the person under 13 years of age and their legal representative. The draft employment contract shall come with a written agreement from the legal representative of the person under 13 years of age, which is made using Form No. 03 in Appendix I enclosed therewith.
6. Copy of birth certificate and health certificate of the person under 13 years of age. Study timetable or curriculum of the educational institution where the person under 13 years of age is studying if they are a student.
According to the above provisions, employment contract or draft employment contract between the employer and the person under 13 years of age and their legal representative.
The draft employment contract shall come with a written agreement from the legal representative of the person under 13 years of age.
Therefore, when employing persons under 13 years of age, it is necessary to have the written agreement from the legal representative of the person under 13 years of age.
Is it necessary to have a written agreement from the legal representative of the person under 13 years of age in Vietnam?
Which agency has the competence to approve the employment of persons under 13 years of age in Vietnam?
Pursuant to Article 5 of Circular No. 09/2020/TT-BLDTBXH stipulating as follows:
Competence in approving employment of persons under 13 years of age
Recruitment and employment of persons under 13 years of age in compliance with regulations in Clause 3 Article 145 of the Labor Code require approval from the following regulatory bodies:
1. Department of Labor - War Invalids and Social Affairs of the province where the head office or the address written in the enterprise/ cooperative/ cooperative union registration certificate or investment registration certificate or written approval for investment guidelines or decision on regulatory body or organization establishment or cooperation agreement of cooperative group is located if the employer is an enterprise, regulatory body, organization or cooperative.
2. Department of Labor - War Invalids and Social Affairs of the province where the permanent or temporary residence of the household or individual is registered if the employer is a household or individual.
According to the above regulations, when employing persons under 13 years of age, the approval of the following agencies is required:
- Department of Labor - War Invalids and Social Affairs of the province where the head office or the address written in the enterprise/ cooperative/ cooperative union registration certificate or investment registration certificate or written approval for investment guidelines or decision on regulatory body or organization establishment or cooperation agreement of cooperative group is located if the employer is an enterprise, regulatory body, organization or cooperative.
- Department of Labor - War Invalids and Social Affairs of the province where the permanent or temporary residence of the household or individual is registered if the employer is a household or individual.
What are the procedures for application for employment of persons under 13 years of age in Vietnam?
Pursuant to the provisions of Article 7 of Circular No. 09/2020/TT-BLDTBXH as follows:
Procedure for application for employment of persons under 13 years of age
1. The employer shall submit one application for employment for each person under 13 years of age whom they wish to employ, which is prepared according to regulations in Article 6 of this Circular, to the Department of Labor - War Invalids and Social Affairs mentioned in Article 5 of this Circular directly or by post or online.
2. The Department of Labor - War Invalids and Social Affairs will receive the application when it contains all components required according to regulations in Article 6 of this Circular.
3. Within 10 working days starting from the date of receipt of an adequate application according to regulations in Clause 2 herein, the Department of Labor - War Invalids and Social Affairs shall cooperate with relevant regulatory bodies and organizations in verifying information (if needed), appraising the application and notifying the employer of the approval for the employment using Form No. 04 in Appendix I enclosed therewith.
If the application is rejected, the Department of Labor - War Invalids and Social Affairs shall explain the reason to the employer in writing.
Thus, the procedures for application for employment of persons under 13 years of age are prescribed as follows:
- Step 1: The employer shall submit one application for employment for each person under 13 years of age whom they wish to employ to the Department of Labor - War Invalids and Social Affairs directly or by post or online.
- Step 2. The Department of Labor - War Invalids and Social Affairs will receive the application when it contains all components required.
- Step 3. Within 10 working days starting from the date of receipt of an adequate application according to regulations in Clause 2 herein, the Department of Labor - War Invalids and Social Affairs shall cooperate with relevant regulatory bodies and organizations in verifying information (if needed), appraising the application and notifying the employer of the approval for the employment.
If the application is rejected, the Department of Labor - War Invalids and Social Affairs shall explain the reason to the employer in writing.
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