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Can someone under 18 work in Vietnam? At what age can a person sign an employment contract? These are common questions we frequently receive from underage workers and their families.
Jobs for Individuals Under 18: What Can a 15-Year-Old Do?
According to the Labor Code, the minimum working age for employees is 15 years old. Therefore, individuals aged 15 and older can work and participate in legal labor relations. However, there are certain jobs and workplaces where individuals between the ages of 15 and 18 are prohibited from being employed.
Jobs Prohibited for Individuals Aged 15 to Under 18
Under current Vietnamese law, organizations and individuals can employ workers aged 15 to under 18, except for the following types of jobs:
1/ Carrying, lifting, or moving loads that exceed the physical capacity of minors;
2/ Manufacturing, trading in alcohol, beer, tobacco, substances affecting the mind, or other addictive substances;
3/ Producing, using, or transporting chemicals, gas, or explosives;
4/ Maintaining or repairing machinery and equipment;
5/ Demolishing construction works;
6/ Smelting, forging, rolling, pressing, or welding metal;
7/ Diving or offshore fishing;
8/ Other work that harms the physical, mental, or moral development of minors.
Prohibited Workplaces for Individuals Aged 15 to Under 18
Organizations and individuals are not allowed to hire individuals aged 15 to under 18 to work in the following environments:
1/ Underwater, underground, in caves, in tunnels;
2/ Construction sites;
3/ Livestock slaughterhouses;
4/ Casinos, bars, nightclubs, karaoke rooms, hotels, guesthouses, saunas, massage parlors; lottery businesses, electronic gaming services;
5/ Other workplaces that harm the physical, mental, or moral development of minors.
Overtime Work for Individuals Aged 15 to Under 18
Workers aged 15 to under 18 are not allowed to work more than 8 hours a day and 40 hours a week. They are only permitted to work overtime in certain specific jobs, including:
1/ Performing arts.
2/ Sports athlete.
3/ Writing literature, journalism.
4/ Software programming.
5/ Traditional crafts: glazing ceramics; making dó paper; crafting conical hats; making incense; crafting conical hat fringes; weaving mats; making drums; weaving brocade; embroidering brocade; making rice noodles; making vermicelli; sprouting bean sprouts; making rice paper; weaving silk; spinning lotus thread.
6/ Handicrafts: embroidery; wood carving; making horn combs; making folk paintings (Dong Ho, Hang Trong…); crafting figurines from colored dough; woodcut paintings, silk paintings; collecting shells to attach to artistic frames; beading rosary chains; making puppet dolls; creating greeting cards from decorative artistic paper; framing paper models, paper boxes, and bags.
7/ Weaving and making household items, handicrafts from natural materials such as: rattan, bamboo, coconut, banana, water hyacinth, jute, sedge, cinnamon, water reeds, palm leaves.
8/ Wrapping fermented pork, candy, cakes (except for operating or using packing machines, devices, or tools).
9/ Thread trimming, sewing buttons, buttonholes, packing handcrafted textile products into boxes.
10/ Delivering news, postal letters, parcels; packaging postal items.
11/ Door-to-door sales; telephone sales; online sales.
12/ Shoe shining; processing and selling street food.
13/ Tutoring; cleaning and housekeeping in homes; assisting with household chores.
14/ Security and vehicle guarding at offices, companies, restaurants.
15/ Collecting money from vending machines, meter readings; cashier, sales in supermarkets.
16/ Jobs in restaurants, eateries, cafés: receptionist, beverage mixing, serving tables, kitchen assistant, cook, janitor.
17/ Office work: photocopying, typing, answering phone calls.
18/ Retail services: clothing, footwear, books, groceries.
19/ Preliminary processing of agricultural products: sorting, peeling, shelling, kernel separating, packaging.
20/ Weeding clean vegetable gardens; harvesting seasonal vegetables, roots, and fruits.
21/ Raising livestock, poultry, worms, crickets, and non-harmful or non-dangerous insects.
Night Work for Individuals Aged 15 to Under 18
Under current Vietnamese law, individuals aged 15 to under 18 are only allowed to work at night if they are engaged in performing arts or are athletes.
Can Individuals Under 15 Work?
According to the law, individuals aged 13 to under 15 are only allowed to perform light work listed below.
When employing individuals under 15, employers must sign a written labor contract with them and their legal representatives. Additionally, the working hours must be arranged reasonably to avoid affecting the minor’s education. Employers are also required to obtain health certificates and ensure health check-ups at least every 6 months. Adequate working conditions, labor safety, and hygiene must also be ensured.
Those under 15 are not allowed to work more than 4 hours per day and 20 hours per week. They are also prohibited from working overtime or during nighttime.
List of Light Work for Individuals Aged 13 to Under 15:
1/ Performing arts.
2/ Athletes.
3/ Software programming.
4/ Traditional crafts: ceramic glazing; cutting seashells; making dó paper; making conical hats; decorating conical hats; weaving mats; making drums; weaving brocade; embroidering brocade; making rice noodles; making vermicelli; growing bean sprouts; making rice paper; weaving silk; spinning lotus fiber; painting lacquer paintings, making incense, making votive papers (except for processes using toxic chemicals such as lacquer, cleaning chemicals, dye preservatives, fragrance chemicals, and curling incense chemicals…).
5/ Handicrafts: embroidery; fine woodcraft; making horn combs; making folk paintings; molding tò he figurines; wood carving, silk painting; collecting and decorating seashells on art paintings; polishing art paintings; stringing beaded necklaces, polishing handicraft jewelry; making puppets; making greeting cards from decorative art paper; making paper model frames, paper boxes, and paper bags.
6/ Weaving and crafting household items and handicrafts from natural materials such as rattan, bamboo, reeds, coconut, banana, water hyacinth, jute, sedge, cinnamon, wild fern, papyrus, and palm leaves.
7/ Wrapping spring rolls, candies, and cakes (except for operating or using packaging machines, equipment, and tools).
8/ Silkworm farming.
9/ Weeding organic vegetable gardens; harvesting organic seasonal vegetables, roots, and fruits.
10/ Herding livestock on farms.
11/ Assisting with removing fishing nets, knitting fishing nets, and drying aquatic products.
12/ Thread trimming, button sewing, buttonholing, and packaging handcrafted textile products.
Is it allowed to hire someone under the age of 13?
According to labor law regulations, individuals and organizations are not allowed to hire workers under the age of 13. However, it is permitted to employ children under 13 for work related to arts, physical education, and sports.
In these cases, the employment of children under 13 must not harm their physical, intellectual, or moral development.
When hiring workers under the age of 13, individuals or organizations must submit an application requesting permission to employ such workers and receive written approval from the Department of Labor, Invalids, and Social Affairs where the organization is headquartered or where the individual resides.
Application for permission to employ workers under 13
Application for permission to employ workers under 13 includes:
1/ A written request to employ workers under 13 (using the prescribed form).
2/ A copy of the business registration certificate or establishment decision or equivalent documents (for agencies or organizations). A copy of the household registration book or temporary residence certificate (for families or individuals).
3/ A copy of the judicial record issued within 6 months prior to the signing of the labor contract, showing no criminal record of child abuse by the person signing the labor contract on the employer’s behalf.
4/ A commitment from the employer that they have never been criminally prosecuted or administratively fined for child abuse (using the prescribed form).
5/ A labor contract or draft labor contract. If the labor contract is in draft form, there must be a consent form signed by the legal guardian of the worker under 13 (using the prescribed form).
6/ A copy of the birth certificate and medical certificate of the worker under 13.
7/ The school timetable or educational program of the worker under 13 if they are currently attending school (with certification from the educational institution).
Contact Us Now:
DCNH LAW
Address: 38B Tran Nhat Duat, Phuoc Hoa ward, Nha Trang city, Khanh Hoa province, Vietnam.
Phone: (+84) 343320223 – 974278893
Email: [email protected]
