What is the statement form of no criminal prosecution and administrative penalty for child exploitation and abuse in Vietnam?
- What is the statement form of no criminal prosecution and administrative penalty for child exploitation and abuse in Vietnam?
- What is the use purpose of the statement of no criminal prosecution and administrative penalty for child exploitation and abuse in Vietnam?
- What are the procedures for application for employment of persons under 13 years of age in Vietnam?
What is the statement form of no criminal prosecution and administrative penalty for child exploitation and abuse in Vietnam?
Under Form No. 02 in Appendix 1 issued together with Circular 09/2020/TT-BLDTBXH stipulating the statement form of no criminal prosecution and administrative penalty for child exploitation and abuse as follows:
Download a statement form of no criminal prosecution and administrative penalty for child exploitation and abuse: Here
What is the statement form of no criminal prosecution and administrative penalty for child exploitation and abuse in Vietnam?
What is the use purpose of the statement of no criminal prosecution and administrative penalty for child exploitation and abuse in Vietnam?
Under Article 4 of Circular 09/2020/TT-BLDTBXH as follows:
Conclusion of labor contracts with persons under 15 years of age
1. The person who concludes the labor contract on the employer’s side shall abide by regulations in Clause 3 Article 18 of the Labor Code and meet the following requirements:
a) They have a police record issued no sooner than 06 months before the date on which the labor contract is concluded, which includes no conviction for child exploitation and abuse;
b) They have a statement of no criminal prosecution and administrative penalty for child exploitation and abuse, which is made using Form No. 02 in Appendix I enclosed therewith.
2. Labor contracts with persons under 15 years of age must contain the contents mentioned in Article 21 of the Labor Code and the following contents:
a) Full name; date of birth; sex; place of residence; phone number (if any); and identity card or passport number of the legal representative of the employee;
b) Lodging (for employees working away from their family);
c) How the employee's study is facilitated.
3. Labor contracts with persons under 13 years of age shall come into force with the written approval from Departments of Labor - War Invalids and Social Affairs according to regulations in Article 5 of this Circular.
At the same time, according to the provisions of Article 6 of Circular 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 labor 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. Labor contract or draft labor contract between the employer and the person under 13 years of age and their legal representative. The draft labor 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.
Accordingly, the statement of no criminal prosecution and administrative penalty for child exploitation and abuse is used in entering into contracts with minor employees.
What are the procedures for application for employment of persons under 13 years of age in Vietnam?
Under the provisions of Article 7 of Circular 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.
Accordingly, when the employer wishes to employ a person under the age of 13 to work, he/she must follow the above order and procedures.
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