New regulations on procedures for requesting the employment of people under 13 years old in Vietnam

New regulations on procedures for requesting the employment of people under 13 years old in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On December 1, 2023, the Ministry of Labor, War Invalids, and Social Affairs issued Decision 1842/QD-LDTBXH announcing new administrative procedures in the field of Children within the scope of the Ministry's State management functions.

New regulations on procedures require the employment of people under 13 years old.

Specifically, the procedure for requesting the employment of people under 13 years old is as follows:

(1) Requirements and conditions for implementing administrative procedures

Employers recruit and employ people under 13 years of age who meet the following job conditions:

+ Only recruit and employ people under 13 years old to do art, physical education, and sports work.

+ Do not harm the physical, mental, and personality development of people under 13 years old.

(2) Regarding dossier components

- Document requesting the employment of people under 13 years old to work according to Form No. 01 in Appendix I issued with Circular 09/2020/TT-BLDTBXH detailing and guiding the implementation of a number of articles of the Labor Code regarding minor workers.

- Copy of business registration certificate, cooperative, joint cooperative, investment registration certificate, or investment policy approval document or decision to establish an agency, organization, or cooperation contract of a cooperative group, in case the employer is an enterprise, agency, organization, or cooperative.

- A copy of the criminal record card of the person concluding the labor contract on the employer's side, issued no more than 06 months from the date of issue to the date of concluding the labor contract, including no criminal record of child abuse.

- A commitment that the employer has never been prosecuted for criminal liability or administratively sanctioned for child abuse by the person entering into the labor contract according to Form No. 02 in Appendix I issued with Circular 09/2020/TT-BLDTBXH.

- Labor contract or draft labor contract between the employer and the person under 13 years old and that person's legal representative. In the case of a draft labor contract, there must be a Consent from the legal representative of the person under 13 years old working according to Form No. 03 in Appendix I issued together with Circular 09/2020/TT-BLDTBXH.

- Copy of the birth certificate and health certificate of a person under 13 years old. Timetable or study program of the educational institution where a person under 13 years old is studying, if currently attending school.

(3) Implementation sequence

Step 1: When there is a need to employ people under 13 years old to work, the employer sends documents for each person under 13 years old working to the Department of Labor, War Invalids, and Social Affairs.

Step 2: Within 10 working days from the date of receiving complete documents as prescribed, the Department of Labor, War Invalids, and Social Affairs coordinates with relevant agencies and organizations to verify information (if necessary), appraise documents, and reply in writing to the employer agreeing to employ a person under 13 years old to work.

In case of disagreement with the employment of a person under 13 years old, the Department of Labor, War Invalids, and Social Affairs must send a written response clearly stating the reason to the employer.

(4) Agency handling administrative procedures

- Department of Labor, War Invalids, and Social Affairs, where the head office is located or where the address is recorded in the business registration certificate, cooperative, cooperative union, investment registration certificate, or written approval of investment policy or decision to establish an agency, organization, or cooperation contract of a cooperative group, in case the employer is an enterprise, agency, organization, or cooperative.

- Department of Labor, War Invalids, and Social Affairs, where the permanent or temporary residence of the household or individual is registered, in case the employer is a household or individual.

More details can be found in Decision 1842/QD-LDTBXH, which takes effect from the date of signing.

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