What are overtime work allowed for minors in Vietnam?

What are overtime work allowed for minors in Vietnam? (Internet image)

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

1. What are overtime work allowed for minors in Vietnam?

According to Appendix V issued with Circular 09/2020/TT-BLDTBXH, list of overtime work allowed for persons from 15 to under 18 years of age includes:

- Art performers.

- Athletes.

- Writing literature and writing newspaper articles.

- Software programming.

- Traditional crafts: pottery dot painting; bamboo paper making; leaf hat making; incense 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.

- 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; bead bracelet making; 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).

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

- Delivering news, mails and packages; wrapping packages.

- Door to door sales; telesales; online sales.

- Polishing shoes; preparing and selling street food.

- Tutoring; working as helpers in families; helping with house cleaning.

- Working as security guards for offices, enterprises and restaurants.

- Collecting money from vending machines, recording data from meters; working as cashiers and sellers in supermarkets.

- Working in restaurants and coffee shops; working as receptionists, preparing beverages, waiting tables, helping in kitchens, working as chefs and housekeeping staff.

- Office work such as photocopying, typewriting and telephone operating.

- Selling clothes, shoes, books, newspapers and groceries.

- Processing agricultural products by sorting, peeling, deshelling and packaging.

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

- Raising harmless insects, crickets, worms, poultry and livestock.

2. What are the penalties for using minors to work overtime  against regulations in Vietnam?

Clause 2, Article 29 of Decree 12/2022/ND-CP stipulates that a fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for commission of one of the following violations:

- Employing a minor employee without obtaining the consent of his/her parent or guardian;

- Committing any of the following acts when employing a person under 15: failing to conclude a written employment contract with the employee and his/her legal representative; arranging the working hours in such a way that affects the employee’s study hours;

Failing to obtain a health certificate from an authorized health facility which certifies that the employee is fit for the work assigned; failing to provide periodic health check-ups for the employee at least once every 06 months; or failing to ensure that the working conditions, and OSH conditions are suitable for the employee’s age;

- Hiring minors to work in excess of the working hours prescribed in Article 146 of the Labor Code 2019;

- Hiring persons under 15 to work overtime or at night;

- Hiring persons aged 15 to under 18 to work overtime or at night in certain works or jobs which are not permitted by laws.

Thus, employers who employ minors to work overtime in contravention of regulations may be fined from 20,000,000 VND to 25,000,000 VND.

3. Regulations on working hours of minors employees in Vietnam

According to Article 146 of the Labor Code 2019, the working hours of minors employees are regulated as follows:

- The working hours of minor employees under 15 shall not exceed 04 hours per day and 20 hours per week. Employers must not request minor employees to work overtime or at night.

- The working hours of employees aged 15 to under 18 shall not exceed 08 hours per day and 40 hours per week. Employees aged 15 to under 18 may work overtime or at night in certain works and jobs listed by the Minister of Labor, War Invalids and Social Affairs.

Nguyen Ngoc Que Anh

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