In Vietnam, which regulatory bodies' approval are required when employing persons under 13 years of age?

In Vietnam, which regulatory bodies' approval are required when employing persons under 13 years of age?

Pursuant to Article 5 of Circular 09/2020/TT-BLĐTBXH on recruitment and employment of persons under 13 years of age in compliance with regulations in Clause 3 Article 145 of the Labor Code require approval from the following regulatory bodies:

1. Department of Labor - War Invalids and Social Affairs of the province where the head office or the address written in 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 is located if the employer is an enterprise, regulatory body, organization or cooperative.

2. Department of Labor - War Invalids and Social Affairs of the province where the permanent or temporary residence of the household or individual is registered if the employer is a household or individual.

According to the above regulations, to employ persons under 13 years of age, you shall have approval from Department of Labor - War Invalids and Social Affairs of the province where the permanent or temporary residence of the household or individual is registered.

What does the application for employment of a person under 13 years of age include?

Pursuant to Article 6 of this Circular on applications for employment of persons under 13 years of age:

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.

Best regards!