Vietnam: To sign contract with persons under the age of 13 must be approved by DOLISA

Vietnam: To sign contract with persons under the age of 13 must be approved by DOLISA (Illustration)

Specifically, in Clause 3, Article 145 of the Labor Code 2019, it stipulates: "Employers must not hire people under 13 to do work other than sports and arts, provided they do not affect their development of their physical health, mental health, and personality, and the employment is accepted by the provincial labor authority."

The Ministry of Labor, War Invalids and Social Affairs of Vietnam issued Circular 09/2020/TT-BLDTBXH detailing instructions for the Labor Code 2019 on entering into labor contracts for people under 13 years old, specifically as follows:

First, regarding competence in approving employment of persons under 13 years of age in Vietnam

- 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.

Second, regarding applications for employment of persons under 13 years of age in Vietnam

In order to be approved by the Department of Labor, War Invalids and Social Affairs for the employer to employ persons under the age of 13 to work, the employer must carry out procedures for requesting the employment of persons under the age of 13. The procedures are as follows:

** An application includes:

(1) An application for employment of person under 13 years of age, which is made using Form No. 01 in Appendix I enclosed with Circular 09/2020/TT-BLDTBXH.

(2) Copy of 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 (if the employer is an enterprise, regulatory body, organization or cooperative) or copy of family registry or record of temporary residence (if the employer is a household or individual).

(3) Copy of police record of the person who concludes the labor contract on the employer’s side according to regulations in Point a Clause 1 Article 4 of this Circular.

(4) Statement of no criminal prosecution and administrative penalty for child exploitation and abuse according to regulations in Point b Clause 1 Article 4 of this Circular.

(5) Labor contract or draft labor contract between the employer and the person under 13 years of age and their legal representative. The draft labor contract shall come with a written agreement from the legal representative of the person under 13 years of age, which is made using Form No. 03 in Appendix I enclosed therewith.

(6) Copy of birth certificate and health certificate of the person under 13 years of age. Study timetable or curriculum of the educational institution where the person under 13 years of age is studying if they are a student.

** Procedures:

Step 1: The employer shall submit one application for employment for each person under 13 years of age whom they wish to employ, which is prepared according to regulations in Article 6 of this Circular, to the Department of Labor - War Invalids and Social Affairs mentioned in Article 5 of this Circular directly or by post or online.

Step 2: The Department of Labor - War Invalids and Social Affairs will receive the application when it contains all components required according to regulations in Article 6 of this Circular.

Step 3: Within 10 working days starting from the date of receipt of an adequate application according to regulations in Clause 2 herein, the Department of Labor - War Invalids and Social Affairs shall cooperate with relevant regulatory bodies and organizations in verifying information (if needed), appraising the application and notifying the employer of the approval for the employment using Form No. 04 in Appendix I enclosed therewith.

If the application is rejected, the Department of Labor - War Invalids and Social Affairs shall explain the reason to the employer in writing.

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

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