1. To promulgate together with this Circular the lists of jobs and workplaces in which the employment of minor persons is prohibited.
2. This Circular applies to all enterprises, agencies, organizations, cooperatives, households and individuals that hire or employ persons under labor contracts (below collectively referred to as employers).
1. Employers shall review jobs which minor persons are doing and workplaces in which minor persons are working, and may not assign minor persons to do jobs or work in the places specified in the lists promulgated together with this Circular.
2. Provincial-level Departments of Labor, War Invalids and Social Affairs shall:
a/ Coordinate with provincial-level Health Departments and Labor Federations in regularly urging, examining and supervising the implementation of this Circular;
b/ Enhance inspection to detect and promptly handle violations of regulations on employment of minor persons;
c/ Annually summarize and report on the implementation of this Circular and report on occupational safety and hygiene in their localities to the Ministry of Labor, War Invalids and Social Affairs.
1. This Circular takes effect on August 1, 2013.
2. To annul Joint Circular No. 09/TT-LB of April 13, 1995, of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, stipulating hazardous working conditions and jobs in which the employment of minor persons is prohibited.
3. Any difficulties or problems arising in the process of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement.
In addition to the workplaces specified at Points a, b, c and d, Clause 2, Article 165 of the 2012 Labor Code, the employment of minor persons is prohibited in the workplaces specified in Clause 1, Article 163, and at Point dd, Clause 2, Article 165, as follows:
1. Being in contact with working environment elements not up to hygiene regulations and standards prescribed by current law, such as electromagnatic field, vibration, noise, temperature, silica dust, dust not containing silica, cotton dust or asbestos dust;
2. Being in contact with radioactive substances and rays; suffering radiation by X-ray and other harmful rays not up to current hygiene regulations and standards prescribed by law;
3. Being in contact with factors that may cause contagious diseases;
4. Working for over 4 hours a day in an uncomfortable and narrow space, which sometimes requires laborers to go on their knees, lie or stoop;
5. Working on high scaffolds or ropes hung over 3 meters higher than the working floor; working on hills and mountains with a steepness of over 30o.
In addition to the workplaces specified in Clause 4, Article 163, and at Points a, b, c, d, dd and e, Clause 1, Article 165, of the 2012 Labor Code, the employment of minor persons is prohibited to do the jobs specified in Clause 1, Article 163, and at Point g, Clause 2, Article 165, as follows:
No. | Job title | Characteristics of working conditions of the job |
1 | Directly boiling, pouring and transporting molten metals, removing molds and cleaning products cast at foundries - Electric arc furnaces (of any capacity) - Steel refining drifts - Steel refining convertors - Kilns - Pig iron blast furnaces | Heavy work, directly affected by heat, noise and vibration in excess of permissible standards |
2 | Rolling hot metal | Heavy work, directly affected by heat, noise and vibration in excess of prescribed standards |
3 | Directly refining non-ferrous metal ores (copper, lead, tin, mercury, zinc, silver) | Constantly affected by noise, dust and toxic gas in excess of prescribed standards |
4 | Firing and pouring out coke from ovens | Being affected by heat, dust, noise, CO and CO2 in excess of prescribed standards |
5 | Firing boilers for steam engines | Being affected by heat, dust, noise and toxic gas in excess of prescribed standards |
6 | Operating steam boilers | Extremely dangerous work in constant contact with heat |
7 | Operating systems to prepare and load acetylene, oxygen, hydrogen, chlorine and liquefied gases | Extremely dangerous work in contact with toxic gas in excess of prescribed standards |
8 | Operating cooling systems (ice making and refrigerating) | Heavy work, working in an uncomfortable posture and a cold environment |
9 | Operating steam, compressed air or electricity-operated machines for forging, pressing, hammering and cutting metal | Heavy work, very hot, affected by heat radiation, CO, CO2, SO2 concentrations and noise in excess of prescribed standards |
10 | Assembling, repairing and cleaning molds of metal forging, pressing, hammering and cutting machines (steam, compressed air, electricity or mechanically operated) | Heavy work in constant contact with noise in excess of prescribed standards |
11 | Welding in closed containers, welding in positions which are over 5 meters higher than the working floor | Heavy work in high and dangerous working places with difficult working posture |
12 | Collecting wastes from industrial alcohol production | Heavy work, being affected by noise, dust and toxic gas in excess of prescribed standards |
13 | Rolling, laminating and pressing lead products, lead plating | Uncomfortable working posture, being affected by heat and lead fume |
14 | Founding copper and aluminum | Heavy work, being directly affected by heat, noise and vibration in excess of prescribed standards |
15 | Operating fabric- and yarn-starching machines | Standing and moving over 7 km per 8 working hours; being affected by cotton dust and noise in excess of prescribed standards |
16 | Dyeing and dry-cleaning fabric and yarn | Being in contact with toxic chemicals, humid and hot working environment |
17 | Storekeepers and assistants of chemical or dye warehouses | Being in contact with toxic chemicals, humid and hot working environment |
18 | Digging mining pits | Heavy work, narrow and humid workplace lacking oxygen |
19 | Working in pits or holes of over 5 meters deep | Heavy work, narrow and humid workplace lacking oxygen |
20 | Mining for rock, manually breaking and removing rock on the mountains | Manual, heavy and dangerous work |
21 | Directly feeding materials into stone-grinding machines and working with stone-grinding machines | Heavy work, being affected by dust and noise in excess of prescribed standards |
22 | Screening lead ore | Being affected by lead dust and noise in excess of prescribed standards |
23 | Using hand-held machines operated by compressed air with a pressure of 4 atmospheres or more (such as drilling and hammering machines and the like, causing abnormal vibrations to the human body) | Being affected by noise, vibration and dust in excess of prescribed standards |
24 | Sifting and sorting gold, ores and ruby | Manual, very heavy and dangerous work, being affected by dust and vibration in excess of prescribed standards |
25 | Manually digging up stumps of over 40 cm in diameter | Very heavy work, uncomfortable working posture |
26 | Manually sawing logs by two persons (only girls are prohibited) | Heavy and dangerous work |
27 | Cutting down trees of at least 35 cm in diameter, manually sawing and cutting tree branches, and pruning off branches high above the ground | Heavy work, high and dangerous working places |
28 | Carrying big logs, levering and loading unloading logs of at least 35 cm in diameter manually, with wooden chutes or wooden slides | Working outdoors on hills and mountains (with a steepness of 10o-15o), hard and dangerous work |
29 | Salvaging for sunk logs, pulling logs in docks, pulling logs ashore | Working outdoors on a river or stream; manual, heavy and very dangerous work |
30 | Operating rafts on a river with many cascades | Working outdoors on a river or stream; manual, heavy and very dangerous work |
31 | Driving farm tractors | Uncomfortable working posture, being affected by noise, vibration and dust in excess of prescribed standards |
32 | Collecting natural swallow bird’s nests; collecting bat guano | Working in remote islands; heavy and very dangerous work |
33 | Sawing logs with circular saw machines and band saw machines | Heavy work in narrow and humid workplace, being affected by noise in excess of prescribed standards |
34 | Operating plane machines in carpentry | Heavy work in narrow and humid workplace, being affected by noise in excess of prescribed standards |
35 | Directly raising wild beasts or venomous animals | Heavy and dangerous work |
36 | Preliminarily processing bamboo, rattan and sedge | Heavy work, being affected by toxic gases in excess of prescribed standards |
37 | Firing brick kilns and lime kilns, manually slaking lime | Heavy and dangerous work, being affected by great heat |
38 | Processing brine fish, shrimp paste, condensed fish sauce, fish sauce, and dried aquatic and marine products | Heavy work, being affected by great heat |
39 | Processing green coffee for export | Heavy work, being affected by great heat |
40 | Working alone along railway tracks, in mountain tunnels, in underground works, in places in which laborers cannot see farther than 400 m, or in areas very difficult to access | Outdoor, heavy manual work, affected by dust in excess of prescribed standards |
41 | Moving, coupling and uncoupling train carriages in workshops or on railway tracks | Outdoor, heavy and dangerous work |
42 | Operating vehicles with engines of a cylinder capacity of 50 cm3 or more | Heavy and dangerous work, affected by dust, vibration and noise in excess of prescribed standards |
43 | Operating horizontal cranes, cranes, trolley cranes and electric pulleys (except hand-operated chain pulleys not subject to technical safety inspection) | Working high above the ground, being affected by vibration and noise in excess of prescribed standards |
44 | Hooking or tying weights to horizontal cranes, cranes, trolley cranes and electric pulleys | Heavy and dangerous work |
45 | Operating construction machines (such as excavators, bulldozers, leveling machines, drilling machines, pile drivers, crawler vehicles) | Heavy work, uncomfortable working posture, being affected by dust, noise and vibration in excess of prescribed standards |
46 | Operating dredgers | Working in a seriously polluted environment, being affected by noise in excess of prescribed standards |
47 | Surveying river ways | Outdoor, heavy and mobile work, being affected by dust in excess of prescribed standards |
48 | Underwater concreting | Working on a river, very heavy work, being affected by noise in excess of prescribed standards |
49 | Divers | Very heavy and dangerous work, uncomfortable working posture, being affected by high pressure |
50 | Working on seagoing ships | Working at sea, suffering pressure of sea waves, noise and vibration in excess of prescribed standards |
51 | Working on aircraft | Dangerous work, suffering mental and psychological tension, being affected by noise and vibration in excess of prescribed standards, and being regularly affected by temperature and pressure changes |
52 | Air traffic technicians and air traffic safety electronics technicians | Suffering mental and psychological tension |
53 | Guarding and watching vessels in docks or on river banks | Dangerous work, suffering mental and psychological tension |
54 | Installing drilling platforms | Outdoor, very heavy and dangerous work, being affected by noise, vibration and toxic chemicals in excess of prescribed standards and being constantly affected by waves and wind |
55 | Working on offshore drilling platforms | Outdoor, very heavy and dangerous work, being affected by noise, vibration and toxic chemicals in excess of prescribed standards and being constantly affected by waves and wind |
56 | Exploratory drilling of oil and gas wells | Mobile work in forest and mountainous areas lacking oxygen, heavy and dangerous work, being directly affected by noise and vibration in excess of prescribed standards, uncomfortable working posture, dirty workplace |
57 | Exploratory drilling, blast drilling | Heavy and dangerous work, being affected by noise, dust and NO2 in excess of prescribed standards |
58 | Working in tobacco fermentation furnaces or cigarette-drying furnaces | Being affected by dust, noise and nicotine in excess of prescribed standards |
59 | Rolling and pressing large pieces of hard leather | Heavy work, uncomfortable working posture, being in constant contact with heat |
60 | Coating paraffin inside wine tanks | Working in closed and hot cellars, lacking oxygen and having a high concentration of alcohol. Very uncomfortable working posture, manual work |
61 | Vulcanizing, shaping and loading/unloading large rubber products such as fuel containers car ires | Being in constant contact with heat, noise, dust and toxic chemicals in excess of prescribed standards |
62 | Working in contact with petrol and oil in caves and tunnels: receiving and delivering, preserving and operating petrol and oil pumps and measuring machines | Working in dark tunnels, being in constant contact with toxic chemicals in excess of prescribed standards; facing danger during taking samples in the field |
63 | Firing glass-melting furnaces and blowing glass products by the mouth | Being affected by heat and dust in excess of prescribed standards |
64 | Igniting oil-fired machines which consume 400 liters/hours or more | Heavy work in contact with heat and oil |
65 | Building hulls (of wooden or iron ships) which requires laborers to carry or fix weights of 20 kg or more | Heavy and dangerous work |
66 | Manufacturing, using and transporting dangerous products like explosives, flammable substances, oxidized substances, gas, gunpowder, ammunition, and artillery pieces which may cause explosion or fire | Extremely dangerous work at risk of fire and explosion, suffering nervous tension |
67 | Operating garbage incinerators and wastewater treatment systems | Heavy work, constantly working in an environment be polluted in excess of prescribed standards |
68 | Making and bleaching paper pulp with chlorine | Being in contact with chlorine and heat |
69 | Installing and repairing electric lines in underground tunnels or on open-air posts, installing high-voltage electric lines and pylons | Outdoor, heavy and dangerous work, being affected by electromagnetic field, noise and dust in excess of prescribed standards |
70 | Installing and repairing underground and overhead cables of communication and electric lines | Outdoor heavy work, being affected by electromagnetic field, noise and dust in excess of prescribed standards |
71 | Operating and watching low-, medium- and high-voltage stations | Complex work, moving a lot (over 7 km per 8 working hours), being affected by noise and dust in excess of prescribed standards |
72 | Examining, repairing and handling electric circuits of a voltage of 700 V, for direct currents, or of over 220V, for alternating currents, and articles to maintain these electric circuits | Heavy and dangerous work, uncomfortable working posture |
73 | Working in radio and radio frequency transmitting stations such as radio, television, radar stations or satellite telecommunications stations, etc., being affected by electromagnetic field in excess of prescribed standards | Complex work, moving a lot, being affected by electromagnetic field, noise and dust in excess of prescribed standards |
74 | Repairing furnaces, containers and closed towers and pipelines in chemical production | Working in narrow place, heavy work, uncomfortable working posture, being affected by great heat and strongly toxic chemicals |
75 | Working in contact with organic solvents such as soaking sleepers, spreading emulsion on photographic paper, printing flowers on thin films, printing labels on thin coated paper, rolling and pressing phenolic resin, and operating phenol-adhesive multi-capacitor boilers | Difficult working conditions, being affected by heat and strongly and dangerously toxic chemicals |
76 | Working in direct contact with chemicals causing gene mutation - 5 Fluorouracil - Benzene | Being in contact with gene-modifying chemicals |
77 | Working in direct contact with chemicals causing long-term harms to reproductive health (such as testicular or ovary deficiency) - Estrogen - Cis-retinoic acid - Carbaryl - Dibromo chloropropane (DBCP) - Toluenediamine and dinitrotoluene - Polychlorine biphenyl (PCBs) - Polybromide biphenyl (PBBs) | Being in contact with chemicals causing harms to reproductive health |
78 | Working in direct contact (producing, packaging, preparing, spraying warehouse disinfectants) with pesticides, herbicides, termiticides, rodenticides and mosquito killing drugs containing organic chloride and some cancer-causing chemicals below: - 1.4 butanediol, dimethanesulfonate; - 4 aminobiphenyl; - Amosite, chrysotile and crocidolit asbestoses; - Arsenic, calcium arsenate; - Dioxin; - Dichloromethyl-ether; - Insoluble chromate salts; - Coal tar, coal tar vapor; - Cyclophosphamide; - Diethylsilboestol; - 2, Naphthylamine; - N, N - di (Cloroetyl). 2. Naphtylamin; - Thori dioxide; - Theosulfane; - Vinyl chloral, chloride; - 4- amino, 10- methyl flolic acid; - Mercury, mercury methyl compounds, methyl mercury chloride; - Nitrogen pentoxide; - 2,3,7,8 tetrachloral dibenzene furance; - 2- alphaphenyl-beta axetyletyl; - Axety salicylic acid; - Asparagine; - Benomyl; - Boric acid; - Cafein; - Dimethyl sulfoxide; - Direct blue-1; - Formamide; - Hydrocortisone, hydro-cortisone acetate; - Iodine (metal); - Lead, lead acetate, lead nitrate (being in contact with petrol, paint and printing ink containing lead, manufacture of batteries, lead welding); - Mercaptopurine; - Potassium bromide, potassium iodide; - Propylthiouracil; - Ribavirine; - Sodium arsenate, sodium arsenite, sodium iodide, sodium salicylate; - Tetramethyl thiuram disulfide; - Triamcinolone acetonide; - Triton WR-1339; - Trypan blue; - Valproic acid; - Vincristine sulfate; - Vinazol aerosol. | Being affected by noise, vibration and chemicals in excess of prescribed standards |
79 | Working in regular contact with the following chemicals: - Carbon oxide (CO): operating furnaces generating coal gas and discharging slag; - Dyes of aniline, cylidine, toluidine and auramine origin; - Cyanide compounds (-CN-); - Phosphorus and P2O5, P2S5, PCI3 and H3P compounds; - Trinitrotoluene (TNT); - Manganese dioxide (MnO2); - Phosgene (COCI2); - Disulfide carbon (CS2); - Nitrogen oxide and nitric acid; - Sulfuric anhydride and sulfuric acid; - Calcium carbide (CaC2) as in operating open calcium carbide furnaces, discharging slag | Being in direct contact with toxic chemicals |
80 | Working in direct contact with habit-forming chemicals and their preparations, such as preparing pharmaceuticals composed of morphine, ephedrine or seduxen | Being affected by noise, vibration and chemicals in excess of prescribed standards |
81 | Working in sunk tanks | Heavy work, uncomfortable working posture, lacking oxygen |
82 | Dredging underground sluices, regularly soaking body in dirty and fetid water | Manual and very heavy work, uncomfortable working posture in constant contact with wastes and toxic chemicals in excess of prescribed standards |
83 | Producing golden phosphorus | Being in contact with gene-modifying chemicals |
84 | Working in crematoria or slaughter houses | Very heavy and hazardous work, suffering mental and psychological tension |
85 | Conducting autopsy, shrouding and burying dead persons, exhuming and moving remains to other places | Very heavy and hazardous work, suffering mental and psychological tension |
86 | Working in prisons or mental hospitals | Working in a environment highly prone to infection and suffering mental and psychological tension |
87 | Collecting or classifying garbage, wastes or scraps | Working in a hazardous environment in contact with harmful microorganisms |
88 | Being in daily contact with anesthetics, working in recovery and emergency departments, infection prevention and control departments, contagious diseases departments of health establishments, blood transfusion centers, or vaccine production establishments, participating in eliminating epidemic hotbeds, or working in shortwave and ultrasound wave therapy centers | Working in a environment highly prone to infection and suffering mental and psychological tension |
89 | Working on scaffolds or beams which are over 3 m higher than the working floor and the like | Outdoor heavy and dangerous work |
90 | Installing, dismantling or changing scaffolds (except assistants working on the ground or floor) | Outdoor heavy and dangerous work |
91 | Carrying or lifting weights beyond the physical strength of minor persons | Classification | Regular work (carrying or lifting weights in kg) | Irregular work (carrying or lifting weights in kg) |
| | | Male | Female | Male | Female |
| | From 15 years (180 months) old to under 16 years (192 months) old | ≥ 15 | ≥ 12 | ≥ 10 | ≥ 8 |
| | From 16 years (192 months) old to under 18 years (216 months) old | ≥ 30 | ≥ 25 | ≥ 20 | ≥ 15 |
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