Is it allowed to recruit under-18 employees to work in massage activity in Vietnam?

Is it allowed to recruit under-18 employees to work in massage activity in Vietnam?

As prescribed in Subsection 3 and 4, Section I of Joint Circular 21/2004/TTLT-BLĐTBXH-BYT, the following list of workplaces and jobs that are not allowed to be used by under-18 employees is specified:

3. At health care service facilities: massage, sauna, acupressure, physical therapy.

3.1. Workplaces:

- Sauna room

- Massage/acupuncture room

3.2. Jobs:

- Massage

- Other jobs at massage/acupuncture room, bath room

4. At other service facilities: hot and cold baths, hairdressing, relaxing hairdressing, tourist transportation and travel.

4.1. Workplaces:

- Hairdressing and hairdressing room

- Game room (rewarding electronic games, billiards, chess, bowling)

- Indoor, outdoor, beach, mountain sports service

4.2. Jobs:

- Bathing service

- Hairdressing

- Hair washing

- Massage

- Tour guide

- Driving cyclos and other primitive vehicles used to transport tourists

Therefore, according to the above regulations, massage is one of the subjects that are not allowed to use under-18 employees. If you recruit under-18 employees to work in massage activity in your spa, you are violating the law.

How many times a year do employees working in massage activity have to undergo regular health checks in Vietnam?

According to Subsection 2.b, Section I of Joint Circular 11/2006/TTLT-BYT-BTC, the following are the applicable subjects:

b) Business service establishments with activities within the scope of workplaces and jobs as stipulated in Joint Circular 21/2004/TTLT-BLĐTBXH-BYT dated December 9, 2004 of the Ministry of Labor - War Invalids and Social Affairs, Ministry of Health guiding the regulation on the list of workplaces and jobs that are not allowed to use under-18 employees in service establishments that are easily exploited for prostitution activities.

Based on Subsection 2.a, Section II of Joint Circular 11/2006/TTLT-BYT-BTC, the following are the regulations on health checks:

For service establishments:

a) Organize for employees to go for periodic health checks every quarter, with a period of 3 months for each check, in accordance with the regulations of this Circular.

In case the employee has undergone a quarterly health check that coincides with the periodic health check for employees in service establishments, the employer only organizes a health check for the employee to supplement the health check items that the employee has not undergone in accordance with the regulations in Appendix 1 attached to this Circular.

Therefore, according to the above regulations, you must organize for the employees working in massage activity at your spa to undergo periodic health checks every quarter, with a period of 3 months for each check. That is, if there are 4 quarters in a year, you must organize for employees working in massage activity to undergo periodic health checks 4 times in a year.

What documents are included in the regular health check-up file for employees working in massage activity in Vietnam?

According to Article 4, Clause 4 of Circular 14/2013/TT-BYT, the following are the regulations on health check-up file:

1. The health check-up file for people over the age of 18 is a health check-up form in accordance with the model specified in Appendix 1 attached to this Circular, with a photo measuring 4cm x 6cm, taken on a white background within 6 months of the date of submission of the health check-up file.

2. The health check-up file for people under the age of 18 is a health check-up form in accordance with the model specified in Appendix 2 attached to this Circular, with a photo measuring 4cm x 6cm, taken on a white background within 6 months of the date of submission of the health check-up file.

3. For people with limited legal capacity or no legal capacity who request a health check-up but are not subject to a regular health check-up, the health check-up file includes: A health check-up form in accordance with Clause 1 or Clause 2 of this Article and a written consent of the parents or legal guardian of the person.

4. For people who are subject to regular health checks, the health check-up file includes:

a) A regular health check-up book in accordance with the model specified in Appendix 3 attached to this Circular;

b) A letter of introduction from the agency or organization where the person is currently working for the case of a single regular health check-up or is listed in the regular health check-up list confirmed by the agency or organization where the person is currently working to implement the regular health check-up according to the contract.

The above are the documents required in the regular health check-up file for employees working in massage activity.

Best regards!