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

For persons under 18 years of age, when they conclude the employment contract, they must follow specific regulations and conditions on age and nature of work. However, in Vietnam an employment contract signed by a person under the age of 18 will be considered invalid in the following cases:

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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