Is it permissible to hire 14-year-olds to guard the net in Vietnam?

Is it permissible to hire 14-year-olds to guard the net in Vietnam?

Pursuant to Article 3 of Circular 09/2020/TT-BLĐTBXH regulating the conditions of use of persons under 15 years of age as follows:

Employers must employ persons under 15 years of age in accordance with Article 145 of the Labor Code and the following specific regulations:

1. Conclude a written contract with the employee and their legal representative according to regulations in Article 4 herein.

2. Arrange the working hours according to regulations in Clause 1 Article 146 of the Labor Code and so as not to affect the employee’s study hours.

3. Arrange breaks according to regulations in Clause 2 Article 109 of the Labor Code.

4. Comply with regulations on health checkups and occupational health checkups and ensure working and occupational safety and hygiene conditions according to Points c and d Clause 1 Article 145 and Law on Occupational Safety and Hygiene.

5. Persons from 13 to under 15 years of age may be employed only for light works meeting the following conditions:

a) The work is included in the list mentioned in Article 8 of this Circular;

b) The workplace is not any of the cases mentioned in Points a, b, c and d Clause 2 Article 147 of the Labor Code and Clause 2 Article 9 of this Circular.

6. Do not recruit and employ persons under 13 years of age, excluding arts and sports, which must not affect their physical, intelligence and personality development and require approval from Departments of Labor - War Invalids and Social Affairs according to regulations in Article 5 of this Circular.

At Points a, b, c, d Clause 2 Article 147 of the Labor Code 2019 stipulates as follows:

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;

Thus, itis not possible to hire a person under 14 years of age to work at a video game service business location as prescribed above. Therefore, you cannot apply for a job as a custodian of the net in Vietnam.

Do employers in Vietnam have to meet the conditions to be able to sign labor contracts with 14-year-olds?

According to Clause 1, Article 4 of Circular 09/2020/TT-BLĐTBXH regulating the signing of labor contracts to employ persons under 15 years of age as follows:

1. The person who concludes the labor contract on the employer’s side shall abide by regulations in Clause 3 Article 18 of the Labor Code and meet the following requirements:

a) They have a police record issued no sooner than 06 months before the date on which the labor contract is concluded, which includes no conviction for child exploitation and abuse;

b) They have a statement of no criminal prosecution and administrative penalty for child exploitation and abuse, which is made using Form No. 02 in Appendix I enclosed therewith.

Best Regards!