Vietnam: In what cases will an employment contract signed by a person under 18 be considered invalid?

Vietnam: In what cases will an employment contract signed by a person under 18 be considered invalid? (Source: Internet)

1. Regulations on the competence of employees under the age of 18 when signing employment contracts in Vietnam

- According to Clause 1, Article 143 of Vietnam's Labor Code 2019, a minor employee is an employee under 18 years of age.

- According to Clause 4, Article 18 of Vietnam's Labor Code 2019, the person who concludes the employment contract on the employee’s side shall be:

+ The employee himself/herself if he/she is 18 or older;

+ The employee aged 15 to under 18 with a written consensus by his/her legal representative;

+ The employee aged under 15 and his/her legal representative;

+ The employee lawfully authorized by the group of employees to conclude the employment contract.

From the above, a person under 18 years of age when entering into a labor contract must fall into two of the following cases:

- The employee is from full 15 years old to under 18 years old, provided that he/she has the written consent of his/her legal representative;

- Persons under 15 years of age and their legal representatives when entering into labor contracts.

2. In what cases will an employment contract signed by a person under 18 be considered invalid in Vietnam?

According to Clause 1, Article 49 of Vietnam's Labor Code 2019, an employment contract shall be completely invalid in the following cases:

- The entire contents of the employment contract are illegal;

- A person concludes the employment contract ultra vires or against the rules for employment contract conclusion specified in Clause 1 Article 15 of this Labor Code;

- The work described in the employment contract is prohibited by law;

Thus, an employment contract signed by a person under 18 years of age will be invalidated in one of the following cases:

- The entire contents of the employment contract are illegal;

- The work described in the employment contract is prohibited by law;

- When an employee from full 15 years old to under 18 years old concludes the employment contract without the written consent of his/her legal representative, such employment contract will be invalidated;

For a person under the age of 15, the employment contract will be invalidated if there is no legal representative of that person to sign the contract.l

Quoc Dat

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