Guidance on conclusion of labor contracts with persons under 15 years of age in Vietnam

Guidance on conclusion of labor contracts with persons under 15 years of age in Vietnam (Illustration)

According to Article 4 of Circular 09/2020/TT-BLDTBXH and the Labor Code 2019, guidance on conclusion of labor contracts with persons under 15 years of age in Vietnam is as follows:

Fist, 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:

- 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;

- 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.

Second, the employer must meet the following conditions:

- Having a judicial history card issued within 06 months from the date of issuance to the date of entering into the labor contract, in which there is no criminal record of child abuse;

- Having a written commitment that they have never been prosecuted for penal liability or administratively sanctioned for child abuse, according to Form No. 02 in Appendix I issued together with Circular 09/2020/TT-BLDTBXH.

Third, the content of a labor contract with a person under the age of 15 must contain the following:

- Name and address of the employer and the full name and title of the person entering into the labor contract on the employer's side;

- full name, date of birth, gender, place of residence, number of citizen identification card, identity card, or passport of the person entering into the labor contract on the employee's side;

- Work and place of work;

- The term of the labor contract;

- Salary according to job or title, form of salary payment, time limit for salary payment, salary allowance, and other additional amounts;

- The mode of promotion and salary increase;

- Working time, rest time;

- Labor protection equipment for employees;

- Social insurance, health insurance, and unemployment insurance;

- Training, fostering, and improving professional qualifications and skills.

- First and last name; date of birth; sex; residence; phone number (if any); the number of the citizen's identity card or people's identity card or passport of the legal representative of the person under the age of 15;

- Accommodation for people under the age of 15 working away from their families;

- The guarantee of learning conditions

Forth, conclude labor contracts for people under 13 years old

When the employer wants to enter into a labor contract with a person under 13 years old, he/she must submit a dossier requesting the employment of a person under 13 years old to work (Details of the dossier can be found in Article 6 of Circular 09/2020/TT-BLDTBXH) to the Department of Labor-Invalids and Social Affairs and with the consent of this agency, in which:

- Department of Labor-Invalids and Social Affairs where the head office is located or where the address is stated in the certificate of registration of the enterprise, cooperative, union of cooperatives, or the certificate of investment registration or the written approval of investment policy or decision on the establishment of an agency or organization or a 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 households and individuals is registered, in case the employer is a household or an individual.

Note: A labor contract for a person under the age of 13 will only take effect after obtaining the written consent of the aforementioned Department of Labor, War Invalids, and Social Affairs of Vietnam.

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