Notable points when using minor employees under 15 in Vietnam

Notable points when using minor employees under 15 in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who are minor employees under 15?

According to Article 1 of the Children Law 2016, a child is a human being below the age of 16.

At the same time, according to Clauses 3 and 4, Article 143 of the Labor Code 2019, the subject of labor is a human being under 15 years old, including 02 cases as follows:

- A person aged 13 to under 15;

- A person under 13.

2. Notable points when using minor employees under 15 in Vietnam

2.1. Rules for employment of minors under 15 in Vietnam

The rules for employment of minors under 15 according to Article 144 of the Labor Code 2019 stipulate as follows:

- Minor employees may only do works that are suitable for their health in order to ensure their physical health, mental health and personality development.

-. The employer who has minor employees has the responsibility to take care of their work, health and education in the course of their employment.

- When an employer hires a minor employee, the employer must have the consent of his/her parent or guardian;

Prepare a separate record which writes in full of his/her name, date of birth, the work assigned, results of periodical health check-ups, and shall be presented at the request of the competent authority.

- Employers shall enable minor employees to have educational and vocational training.

2.2. Conditions for employment of employees under 15 in Vietnam

According to Article 145 of the Labor Code 2019, when employing a person under 15, the employer shall:

+ Conclude a written contract with the employee and his/her legal representative;

+ Arrange the working hours so as not to affect the employee’s study hours;

+ Obtain the health certificate from a competent health facility which certifies that the employee’s health is suitable for the work assigned, and provide periodic health check-up for the employee at least once every 06 months;

+ Ensure that the working conditions, occupational safety and health are suitable for the employee’s age;

- An employer is only entitled to assign employees aged 13 to under 15 to do the light works specified in Clause 3 Article Article 143 of the Labor Code 2019.

- Employers must not hire people under 13 to do works 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 Minister of Labor, War Invalids and Social Affairs shall elaborate Article 145 of the Labor Code 2019.

2.3. Works for minor employees under 15 in Vietnam

* Works for minor employees under 13

Article 143 of the Labor Code 2019 stipulates that a person under 13 may only do the works specified in Clause 3 Article 145 of the Labor Code 2019 as follows:

-  Employers must not hire people under 13 to do works other than sports and arts;

- Except for works of art, physical training and sports 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.

* Works for minor employees aged 13 to under 15

 Works for minor employees under 15 according to Article 8 of Circular 09/2020/TT-BLDTBXH as follows:

- Art performers.

- Athletes.

- Software programming.

- Traditional crafts: pottery dot painting; mussel shell sawing; bamboo paper making; leaf hat making; hat dot painting; sleeping mat weaving; drum making; brocade weaving; brocade embroidering; rice noodle making; vermicelli making; bean sprout making; rice paper making; silk weaving; lotus silk winding; lacquer painting, incense making, votive paper making (excluding stages where toxic chemicals such as paint made from wax tree, bleach, colorants, fragrance additives, etc. are used).

- Handicrafts: lace weaving; decorative woodworking; horn comb making; folk painting (Dong Ho painting, Hang Trong painting, etc.); making toy figurines from rice powder; woodcut painting, attaching additional layers to silk painting; collecting mollusk shells for paintings; painting polishing; bead bracelet making, handcrafted jewelry polishing; puppet making; greeting card making, making paper decorations for greeting cards; making painting frames, paper models, paper boxes and paper bags.

- Weaving and making household articles and handmade articles using natural ingredients such as plants of the Calameae tribe, bamboo, coconut tree, banana plant, common water hyacinth, jute, sedge, forked ferns, etc.

- Cured pork wrapping, candy wrapping and cake wrapping (excluding use of wrapping equipment).

- Silkworm raising.

- Removing weeds from vegetable gardens; collecting seasonal vegetables and fruit.

- Herding livestock in farms.

- Assisting with untangling fishnets, weaving fishnets and drying aquatic products.

- Cutting threads, sewing buttons, sewing button holes and packing hand-woven products into boxes.

2.4. Conclusion of labor contracts with persons under 15 years of age

Conclusion of labor contracts with persons under 15 years of age as prescribed in Article 4 of Circular 09/2020/TT-BLDTBXH is as follows:

-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 2019 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 with Circular 09/2020/TT-BLDTBXH.

- Labor contracts with persons under 15 years of age must contain the contents mentioned in Article 21 of the Labor Code 2019 and the following contents:

+ 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;

+ Lodging (for employees working away from their family);

+ How the employee's study is facilitated.

- 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 Circular 09/2020/TT-BLDTBXH.

Vo Van Hieu

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