Recently, the Ministry of Labour, Invalids and Social Affairs of Vietnam issued Circular 09/2020/TT-BLDTBXH elaborating some Articles of the Labor Code on minor workers.
Article table of contents
Employment of people under the age of 15: 06 conditions to follow in Vietnam (Artwork)
According to Article 3 of Circular 09/2020/TT-BLDTBXH, the Ministry of Labour, Invalids and Social Affairs of Vietnam, employers must employ persons under 15 years of age in accordance with Article 145 of Vietnam's 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:
Article 4. Conclusion of labor contracts with persons under 15 years of age
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.
2. Labor contracts with persons under 15 years of age must contain the contents mentioned in Article 21 of the Labor Code and the following contents:
a) Full name; date of birth; sex; place of residence; phone number (if any); and identity card or passport number of the legal representative of the employee;
b) Lodging (for employees working away from their family);
c) How the employee's study is facilitated.
3. Labor contracts with persons under 13 years of age shall come into force with the written approval from Departments of Labor - War Invalids and Social Affairs according to regulations in Article 5 of this Circular.
(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:
- The work is included in the list mentioned in Appendix II - List of light jobs for people from full 13 years old to under 15 years old together with Vietnam's Circular 09/2020/TT-BLDTBXH
- 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 the list of workplaces that cause damage to the physical, mental, and personality development of minors as prescribed at Point dd, Clause 2, Article 147 of the Labor Code in Appendix IV to this Vietnam's Circular 09/2020/TT-BLDTBXH.
(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.
- 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.
- 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.
More details can be found in Vietnam's Circular 09/2020/TT-BLDTBXH takes effect from March 15, 2021, replacing Vietnam's Circular 10/2013/TT-BLDTBXH and Circular 11/2013/TT-BLDTBXH.
