Will violations of regulations on the employment of employees under 16 be prosecuted for criminal liability in Vietnam?

Hello, Lawnet would like to answer as follows:

1. Regulations on employment of employees under 16 in Vietnam

According to Article 143 of the Labor Code 2019, minor employees are as follows:

- A minor employee is an employee under 18 years of age.

- 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 the Labor Code 2019.

- 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.

- A person under 13 may only do the works specified in Clause 3 Article 145 of the Labor Code 2019.

Pursuant to Article 144 of the Labor Code 2019 stipulates the principles of using minor employees 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.

2. Pursuing criminal liability for violations against regulations of law on employment of employees under 16 in Vietnam

Pursuant to Article 296 of the Penal Code 2015, the violations against regulations of law on employment of employees under 16 in Vietnam are as follows:

- Any person who employs a person under 16 to do hard or dangerous works or works that involve contact with harmful substances on the list compiled by the State in any of the following circumstances shall be liable to a fine of from VND 30,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

+ The offender has incurred an administrative penalty or has an unspent conviction for the same offence;

+ The offence results in bodily harm to 01 people who suffers from 31% - 60% WPI;

+ The offence results in bodily harm to more than one person who suffer from a total WPI of 31% - 60%.

- This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

+ The offence has been committed more than once;

+ The offence involves ≥ 02 workers under 16;

+ The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% WPI;

+ The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% WPI;

+ The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥ 61%.

- This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

+ The offence results in the death of more than one person;

+ The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI;

+ The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥ 122%.

- The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.

Best regards!

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Key word: employees under 16 | in Vietnam | employment | violations | criminal liability |

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