Circular No. 09/2020/TT-BLDTBXH guiding the Labor Code on minor workers

CIRCULAR

Detailing and guiding the implementation of a number of articles of the Labor Code regarding minor workers^[1]

Pursuant to the November 20, 2019 Labor Code;

Pursuant to the Government’s Decree No. 14/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director of the Department of Work Safety and Director of the Department of Child Affairs;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular detailing and guiding the implementation of a number of articles of the Labor Code regarding minor workers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular details and guides the implementation of the following articles and clauses of the Labor Code regarding minor workers:

1. Clause 4, Article 145 regarding employment of persons aged under 15 years.

2. Clause 3, Article 143 regarding the List of easy jobs that persons aged between full 13 years and under 15 years are allowed to perform.

3. Clause 2, Article 146 regarding the List of occupations and jobs that persons aged between full 15 years and under 18 years are allowed to perform overtime or at night.

4. Clause 3, Article 147 regarding the List of jobs and workplaces that are harmful to physical, intellectual or personality development of minors.

Article 2. Subjects of application

1. Employers.

2. Minor workers.

3. Other agencies, organizations and individuals involved in the implementation of this Circular’s provisions.

Chapter II

EMPLOYMENT OF PERSONS AGED UNDER 15 YEARS

Article 3. Conditions for employment of persons aged under 15 years

An employer shall comply with Article 145 of the Labor Code when employing a person aged under 15 years, specifically as follows:

1. To enter into a labor contract in writing with this person and his/her at-law representative under Article 4 of this Circular.

2. To arrange working time for this person under Clause 1, Article 146 of the Labor Code. For a person aged under 15 years who wishes to concurrently work and learn or has learning need, his/her working time shall be arranged so that it does not affect school hours of this person.

3. To arrange short breaks for this person under Clause 2, Article 109 of the Labor Code.

4. To comply with the provisions of Points c and d, Clause 1, Article 145 of the Labor Code and the Law on Occupational Safety and Health regarding health checks and examinations to detect occupational diseases, and assurance of working conditions and occupational safety and health.

5. To recruit and employ persons aged between full 13 years and under 15 years to perform easy jobs only when such jobs satisfy the following conditions:

a/ They are on the list mentioned in Article 8 of this Circular;

b/ Workplaces of these persons are other than those specified at Points a, b, c and d, Clause 2, Article 147 of the Labor Code and Clause 2, Article 9 of this Circular.  

6. To refrain from recruiting and employing persons aged under 13 years, except artistic, physical training and sports jobs that are not harmful to physical, intellectual and personality development of these persons and provided that such employment is approved by provincial-level Departments of Labor, Invalids and Social Affairs under Article 5 of this Circular.

Article 4. Entry into labor contracts to employ persons aged under 15 years

1. A person representing the employer to enter into a labor contract is specified in Clause 3, Article 18 of the Labor Code and must satisfy the following conditions:

a/ Having a criminal record certificate issued within 6 months before the date of entry into the labor contract, which shows no previous criminal conviction for child abuse acts;

b/ Having made a commitment according to Form No. 02 provided in Appendix I to this Circular, stating that he/she has never been examined for penal liability or administratively sanctioned for child abuse acts.

2. A labor contract with a person aged under 15 years must have the contents specified in Article 21 of the Labor Code and the following contents:

a/ Full name; date of birth; gender; place of residence; telephone number (if any); serial number of citizen identity card or people’s identity card or passport of the at-law representative of the person aged under 15 years;

b/ Accommodations, for persons aged under 15 years working far from their families;

c/ Assurance of learning conditions.

3. Labor contracts with persons aged under 13 years may become effective only after obtaining a written approval of provincial-level Departments of Labor, Invalids and Social Affairs mentioned in Article 5 of this Circular.

Article 5. Competence to approve employment of persons aged under 13 years

When recruiting and employing a person aged under 13 years under Clause 3, Article 145 of the Labor Code, an employer shall obtain approval of:

1. The provincial-level Department of Labor, Invalids and Social Affairs of the locality where the employer’s head office is located or the locality with address stated in the enterprise, cooperative or cooperative union registration certificate or investment registration certificate or written approval of investment policy or agency or organization establishment decision or cooperation contract of the cooperative group, in case the employer is an enterprise, agency or organization or a cooperative; or,

2. The provincial-level Department of Labor, Invalids and Social Affairs of the locality where the household or individual permanent residence or temporary residence is registered, in case the employer is a household or an individual.

Article 6. Dossiers of request for employment of persons aged under 13 years

A dossier of request for employment of a person aged under 13 years must comprise:

1. A written request for employment of a person aged under 13 years, made according to Form No. 01 provided in Appendix I to this Circular.

2. A copy of the enterprise, cooperative or cooperative union registration certificate or investment registration certificate or written approval of investment policy or agency or organization establishment decision or cooperation contract of the cooperative group, in case the employer is an enterprise, agency or organization or a cooperative. A copy of the household registration book or temporary residence certificate in case the employer is a household or an individual.

3. A copy of the criminal record certificate of the employer’s representative entering into the labor contract under Point a, Clause 1, Article 4 of this Circular.

4. A written commitment that the employer’s representative entering into the labor contract has never been examined for penal liability or administratively sanctioned for child abuse acts under Point b, Clause 1, Article 4 of this Circular.

5. A labor contract or draft labor contract between the employer and the person aged under 13 years and his/her at-law representative. In case of a draft labor contract, a written consent of the at-law representative of the person aged under 13 years, made according to Form No. 03 provided in Appendix I to this Circular, is required.

6. A copy of the birth certificate or health certificate of the person aged under 13 years; and school timetable or curriculum of the educational institution where such person is studying.

Article 7. Order and procedures for requesting employment of persons aged under 13 years

1. When wishing to employ a person aged under 13 years, an employer shall hand-deliver or send by post or online 1 dossier specified in Article 6 of this Circular to the provincial-level Department of Labor, Invalids and Social Affairs as specified in Article 5 of this Circular.

2. The provincial-level Department of Labor, Invalids and Social Affairs shall receive the dossier of request for employment of a person aged under 13 years when such dossier has all the documents specified in Article 6 of this Circular.

3. Within 10 working days after receiving a complete dossier under Clause 2 of this Article, the provincial-level Department of Labor, Invalids and Social Affairs shall coordinate with related agencies and organizations in verifying information (when necessary), examine the dossier, and send a notice of its approval of employment of a person aged under 13 years to the employer, made according to Form No. 04 provided in Appendix I to this Circular.

In case of disapproval of employment of a person aged under 13 years, the provincial-level Department of Labor, Invalids and Social Affairs shall reply the employer in writing, clearly stating the reason.

Chapter III

LIST OF OCCUPATIONS, JOBS AND WORKPLACES APPLICABLE TO MINOR WORKERS

Article 8. List of easy jobs that persons aged between full 13 years and under 15 years are allowed to perform

Provided in Appendix II to this Circular is the list of easy jobs that persons aged between full 13 years and under 15 years are allowed to perform.

Article 9. List of jobs and workplaces that may be harmful to physical, intellectual and personality development of minors

1. Provided in Appendix III to this Circular is the list of jobs that may be harmful to physical, intellectual and personality development of minors as mentioned at Point h, Clause 1, Article 147 of the Labor Code.

2. Provided in Appendix IV to this Circular is the list of workplaces that may be harmful to physical, intellectual and personality development of minors as mentioned at Point dd, Clause 2, Article 147 of the Labor Code.

Article 10. List of occupations and jobs that persons aged between full 15 years and under 18 years are allowed to perform overtime or at night

 Provided in Appendix V to this Circular is the list of occupations and jobs that persons aged between full 15 years and under 18 years are allowed to perform overtime or at night.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 11. Responsibilities of provincial-level Departments of Labor, Invalids and Social Affairs

1. To assume the prime responsibility for, and coordinate with specialized agencies of provincial-level People’s Committees in charge of health, culture, sports and tourism, and education, and related agencies and organizations in, regularly urging and supervising the implementation of this Circular.

2. To guide, examine and inspect the employment of minor workers in their localities.

3. To organize training and further training courses for improvement of professional qualifications and skills in management, examination and inspection of the employment of minor workers.

4. To apply information technology in the management of employment of minor workers.

5. Before December 25 every year, to send to the Ministry of Labor, Invalids and Social Affairs reports on approval of employment of persons aged under 13 years in their localities, made according to Form No. 05 provided in Appendix I to this Circular.

Article 12. Responsibilities of employers

1. To keep books for monitoring the employment of minor workers according to Form No. 06 provided in Appendix I to this Circular and regularly update information to these books.

2. To respect and consult minors on issues related to their rights and interests.

3. To regularly examine and supervise workplaces of minor workers in order to ensure their safety.

4. In case the health of minor workers is no longer suitable for their jobs, to notify such to them; for persons aged under 15 years, to notify such to them and their at-law representatives.

5. To fully comply with current regulations on child protection.

Chapter V

IMPLEMENTATION PROVISIONS

Article 13. Effect

1. This Circular takes effect on March 15, 2021.

2. As of the effective date of this Circular, the following Circulars cease to be effective:

a/ The Minister of Labor, Invalids and Social Affairs’ Circular No. 10/2013/TT-BLDTBXH of June 10, 2013, promulgating the list of jobs and workplaces for which employment of minor workers is banned.

b/ The Minister of Labor, Invalids and Social Affairs’ Circular No. 11/2013/TT-BLDTBXH of June 11, 2013, promulgating the list of easy jobs for which employment of persons aged under 15 years is allowed.-

Minister of Labor, Invalids and Social Affairs
DAO NGOC DUNG

* The appendices to this Circular are not translated.