Is it allowed to hire individuals under 18 years old to work as hotel housekeeping in Vietnam? Can individuals under 18 be hired as kitchen assistants in Vietnam?

Is it allowed to hire individuals under 18 years old to work as hotel housekeepings in Vietnam?

I own a hotel business. Recently, I have posted a job advertisement on Facebook for hotel housekeeping. However, some individuals who have expressed interest in the job are not yet 18 years old. Am I allowed to hire these individuals or not?

Answer:

Pursuant to Clause 2 Article 147 of the Labor Code in 2019, a person aged 15 to under 18 must not be assigned to the following locations:

- Underwater, underground, in caves, in tunnels;

- Construction sites;

- Slaughter houses;

- Casinos, bars, discotheques, karaoke rooms, hotels, hostels, saunas, massage rooms; lottery agents, gaming centers;

- Any other workplace that is harmful to the development of his/her physical health, mental health or personality.

According to the regulations stated in the law, it is strictly prohibited to employ individuals under 18 years old to work in hotels or hostels. Therefore, in this case, you are not allowed to hire individuals who are not yet 18 years old.

Is it allowed to hire individuals under 18 years old to work as hotel housekeeping in Vietnam? Can individuals under 18 be hired as kitchen assistants in Vietnam? - image from internet

Can individuals under 18 be hired as kitchen assistants in Vietnam?

I am currently hiring for a kitchen assistant position. A acquaintance of mine has recommended an individual who is under 18 years old (specifically, 17 years old) for this role. Can I hire this person as a kitchen assistant?

Answer:

Pursuant to Article 147 of the Labor Code in 2019, a person aged 15 to under 18 must not be assigned to the following locations:

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.

According to the regulations stated above, there are no specific prohibitions on a 17-year-old individual working as a kitchen assistant. However, the law does prohibit individuals between the ages of 15 and under 18 from working in establishments such as casinos, bars, discotheques, karaoke rooms, hotels, hostels, saunas, and massage rooms.

Therefore, if you are hiring this person to work in a kitchen that is part of any of the aforementioned establishments, it would be against the legal regulations. However, if your kitchen does not fall into any of these categories, you may be able to hire this person as a kitchen assistant. However, you must have the legal consent of their representative, as required by the law.

Best regards!