What jobs can minors do? What are the regulations on working hours of minors employees?
What are the regulations on minors in Vietnam?
Pursuant to Article 21 of the Civil Code 2015 of Vietnam on minors:
“1. Minors are persons who are under eighteen years of age.
2. Civil transactions of each child under six years of age shall be established and performed by his/her legal representative.
3. Each person who is from six to under eighteen years of age must have the consent of his/her legal representative to enter in and perform civil transactions, except for civil transactions which are performed for the purpose of meeting the needs of daily life suitable for the age group.
4. Each person who is from fifteen to under eighteen years of age is entitled to enter in and perform civil transactions by himself/herself, except for civil transactions related to real estate, movables required registration and other civil transactions as prescribed by law that are subject to the consent of his/her legal representative.”
What jobs can minors do? What are the regulations on working hours of minors employees?
What jobs can minors do?
Article 143 of the Labor Code 2019 of Vietnam is stipulated on minor employees:
1. A minor employee is an employee under 18 years of age.
2. A person aged 15 to under 18 must not be assigned any of the works or to any of the workplaces mentioned in Article 147 of this Labor Code.
3. A person aged 13 to under 15 may only do the light works on the list promulgated by the Minister of Labor, War Invalids and Social Affairs.
4. A person under 13 may only do the works specified in Clause 3 Article 145 of this Labor Code.
Thus, under the provisions of the labor law, they are still allowed to work. However, for this subject, the law also has the limits and prohibits of the work that they can do.
Specifically, the employee aged 15 to under 18 is not allowed to do the jobs or work at the workplace specified in Article 147 of this Code.
“Article 147. 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.”
Persons aged 13 to under 15 can only do light work according to the list issued by the Minister of Labor, War Invalids and Social Affairs of Vietnam.
Persons aged under 13 may only perform the jobs specified in Clause 3 Article 145 of this Code.
What are the regulations on working hours of minors employees?
Working hours of minors employees are stipulated in Article 146 of the Labor Code 2019 of Vietnam:
- 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.
- 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.
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