Vietnam: Is the employer responsible for paying social insurance premiums for employees under 18 years old?
- Is it possible to sign an employment contract with a person under the age of 18?
- Is the employer responsible for paying social insurance premiums for employees under 18 years old?
- What are the rules for employment of minors in Vietnam?
- How many hours can an employee from full 15 years old to under 18 years old work?
Is it possible to sign an employment contract with a person under the age of 18?
Pursuant to Clause 4, Article 18 of the 2019 Labor Code of Vietnam stipulating as follows:
Competence to conclude employment contracts
…
4. The person who concludes the employment contract on the employee’s side shall be:
a) The employee himself/herself if he/she is 18 or older;
b) The employee aged 15 to under 18 with a written consensus by his/her legal representative;
c) The employee aged under 15 and his/her legal representative;
d) The employee lawfully authorized by the group of employees to conclude the employment contract.
Thus, it is possible to sign contracts with employees under 18 years of age. However, when entering into a contract, it is necessary to have the written consent of the legal representative of the employee in case the employee is from full 15 to under 18 years old.
If the employee is under 15 years of age, when entering into an employment contract, there must be a legal representative of the employee.
Vietnam: Is the employer responsible for paying social insurance premiums for employees under 18 years old?
Is the employer responsible for paying social insurance premiums for employees under 18 years old?
Pursuant to Article 21 of the 2014 Law on Social Insurance in Vietnam stipulating the responsibility to pay social insurance premiums for employees as follows:
Responsibilities of employers
1. To make dossiers for employees to be granted social insurance books, pay social insurance premiums and enjoy social insurance.
2. To pay social insurance premiums under Article 86, and make monthly deductions from employees’ salaries under Clause 1, Article 85, of this Law for simultaneous payment to the social insurance fund.
3. To introduce employees defined at Point a, Clause 1, in Clause 2, Article 45, or in Article 55, of this Law to the Medical Assessment Council for assessment of their working capacity decrease.
4. To coordinate with social insurance agencies in paying social insurance allowances to employees.
5. To coordinate with social insurance agencies in returning social insurance books to and certifying periods of social insurance premium payment for employees who terminate labor contracts or working contracts or cease working in accordance with law.
6. To provide accurate, sufficient and prompt information and documents relating to the payment of social insurance premiums and enjoyment of social insurance at the request of competent state management agencies or social insurance agencies.
7. Every 6 months, to post up information on the payment of social insurance premiums for employees; to provide information on employees’ payment of social insurance premiums at the request of employees or trade union organizations.
8. Annually, to post up information on employees’ payment of social insurance premiums provided by social insurance agencies under Clause 7, Article 23 of this Law.
Thus, when signing an employment contract with an employee under the age of 18, the employer still has to pay social insurance premiums.
What are the rules for employment of minors in Vietnam?
Pursuant to Article 144 of the 2019 Labor Code of Vietnam stipulating the rules for employment of minors in Vietnam as follows:
- Minor employees may only do works that are suitable for their health in order to ensure their physical health, mental health and personality development.
- The employer who has minor employees has the responsibility to take care of their work, health and education in the course of their employment.
- When an employer hires a minor employee, the employer must have the consent of his/her parent or guardian; prepare a separate record which writes in full of his/her name, date of birth, the work assigned, results of periodical health check-ups, and shall be presented at the request of the competent authority.
- Employers shall enable minor employees to have educational and vocational training.
How many hours can an employee from full 15 years old to under 18 years old work?
Pursuant to Article 146 of the 2019 Labor Code of Vietnam stipulating as follows:
Working hours of minor employees
1. The working hours of minor employees under 15 shall not exceed 04 hours per day and 20 hours per week. Employers must not request minor employees to work overtime or at night.
2. The working hours of employees aged 15 to under 18 shall not exceed 08 hours per day and 40 hours per week. Employees aged 15 to under 18 may work overtime or at night in certain works and jobs listed by the Minister of Labor, War Invalids and Social Affairs.
Thus, the working hours of employees aged 15 to under 18 shall not exceed 08 hours per day and 40 hours per week.
At the same time, employees aged 15 to under 18 may work overtime or at night in certain works and jobs listed by the Minister of Labor, War Invalids and Social Affairs.
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