Regulations on employment of employees under 15 in Vietnam

Regulations on employment of employees under 15 in Vietnam (Internet image)

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

1. Regulations on 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 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.

2. Rules for employment of minors in Vietnam

Rules for employment of minors in Vietnam are prescribed 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.

(Article 144 of the Labor Code 2019)

3. Prohibited works and workplaces for employees aged 15 to under 18 in Vietnam

- A person aged 15 to under 18 must not be assigned to the following works:

+ Carrying and lifting of heavy things which are beyond his/her the physical capacity;

+ Production, sale of alcohol, tobacco and neuro-stimulants and other narcotic substances;

+ Production, use or transport of chemicals, gas or explosives;

+ Maintaining equipment or machinery;

+ Demolition;

+ Melting, blowing, casting, rolling, pressing, welding metals;

+ Marine diving, offshore fishing;

+ Other works that are harmful to the development of his/her physical health, mental health or personality.

- A person aged 15 to under 18 must not be assigned to the following locations:

+ Underwater, underground, in caves, in tunnels;

+ Construction sites;

+ Slaughter houses;

+ Casinos, bars, discotheques, karaoke rooms, hotels, hostels, saunas, massage rooms; lottery agents, gaming centers;

+ Any other workplace that is harmful to the development of his/her physical health, mental health or personality.

(Article 147 of the Labor Code 2019)

Nguyen Ngoc Que Anh

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