What are the prohibited works and workplaces for employees aged under 18 in Vietnam?
What are the prohibited works and workplaces for employees aged under 18 in Vietnam?
Pursuant to the provisions of Joint Circular 21/2004/TTLT-BLDTBXH-BYT stipulating the job positions at business and service establishments that people under 18 years old are not allowed to work include:
Service business establishment | Workplace | Work |
Accommodation service establishments: hotels, guest houses, motels, inns, tourist business villas, apartments for rent and other accommodation establishments. | - Security room; - Bar, reception; - Room service department; | - Guard; - Receptionist; - Serving rooms and rooms; - Table service. |
At cultural service establishments: discotheques, karaoke; non-specialist performing arts activities at hotels, motels, food and beverage restaurants, bars and cafes; agents providing Internet access services. | - The singing room; - Dance floor; - Stage; - The place that directly serves customers accessing the Internet. | - Control sound and light equipment; - Sing with guests; - Dancing with guests; - Dance performance art; - Non-artistic performance dance; - Live music performance; - Managing live activities at the dance floor; - Serving Internet visitors. |
At the health care facilities: massage/massage, sauna, acupressure, physical therapy. | - Sauna; - Massage/massage room, impregnated. | - Massage/massage; - Other jobs at massage/massage room, bathroom. |
At other service establishments: hot and cold baths, haircuts, relaxing shampoos, business establishments transporting tourists and travel agencies. | - Closed hairdressing and shampooing room; - Game room (video games with prizes, billiards, chess, bowling); - Indoor, outdoor, sea, mountain climbing service place. | - Serving guests bathing; - Hair cutting; - Head washing; - Massage/massage; - Tourguide; - Driving a cyclo and other rudimentary means of transport for tourists |
What are the prohibited works and workplaces for employees aged under 18 in Vietnam?
What are the prohibited works and workplaces for employees aged 15 to under 18 in Vietnam?
Pursuant to the provisions of Article 147 of the Labor Code 2019 as follows:
Prohibited works and workplaces for employees aged 15 to under 18
1. A person aged 15 to under 18 must not be assigned to the following works:
a) Carrying and lifting of heavy things which are beyond his/her the physical capacity;
b) Production, sale of alcohol, tobacco and neuro-stimulants and other narcotic substances;
c) Production, use or transport of chemicals, gas or explosives;
d) Maintaining equipment or machinery;
dd) Demolition;
e) Melting, blowing, casting, rolling, pressing, welding metals;
g) Marine diving, offshore fishing;
h) Other works that are harmful to the development of his/her physical health, mental health or personality.
2. A person aged 15 to under 18 must not be assigned to the following locations:
a) Underwater, underground, in caves, in tunnels;
b) Construction sites;
c) Slaughter houses;
d) Casinos, bars, discotheques, karaoke rooms, hotels, hostels, saunas, massage rooms; lottery agents, gaming centers;
dd) Any other workplace that is harmful to the development of his/her physical health, mental health or personality.
3. The Ministry of Labor- Invalids and Social Affairs shall promulgate the lists mentioned in Point h Clause 1 and Point dd Clause 2 of this Article.
Accordingly, the employer is not allowed to employ employees from full 15 years old to under 18 years old to do the jobs as prescribed above.
Vietnam: What are the works that are harmful to the development of his/her physical health, mental health or personality?
Pursuant to the provisions in Appendix IV issued together with Circular 09/2020/TT-BLDTBXH, stipulating workplaces that harm physical, intellectual and personality development that people under the age of 18 are not allowed do include:
- Exposure to dangerous and harmful factors in the working environment outside the allowable limits according to national technical standards and regulations on occupational hygiene, including: electromagnetic field, vibration , noise, temperature, silica dust, non-silicon dust, cotton dust, asbestos dust, coal dust, tale dust; radioactive substances and rays; radiation by X-rays, toxic substances and other harmful rays.
- Exposure to pathogenic microorganisms.
- Working time more than 04 hours/day in a tight and narrow working space, the job sometimes has to kneel, lie down, stoop.
- On a high shelf or hanging rope 2 m above the working floor; hilly terrain sloping over 300.
- Jobs in pits deeper than 5m.
- Working in a prison or in a mental hospital.
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