Can 15-year-olds work as a waitress in Vietnam?

Hello lawyer. Currently, I am 15 years old and just took the 3rd grade exam in the last exam. Because my family is not well off, I want to apply for a part-time job during the summer to help with some expenses for my parents. I just asked a cafe near the recruiter for a service position. Is it illegal for me to be a minor and work part-time? According to current regulations, Can 15-year-olds work as a waitress in Vietnam? Looking forward to having a lawyer answer your questions. Thank you sincerely!
Thank you for trusting and sending questions to Lawyer X. With your questions, we would like to give you the following advice:

Legal grounds

• Labor Code 2019;
• Circular 09/2020/TT-BLDTBXH.

What jobs can 15 years old do?

Circular 09/2020/TT-BLDTBXH, which officially took effect from March 15, 2021, stipulates jobs where people from full 15 years old to under 18 years old can work overtime. Including 21 occupations, the following jobs:

Performing Arts.
Sports athlete.
Writing articles, writing articles.
Programming Software.
Traditional occupations: dot ceramic glaze; do paper making; making conical hats; incense; dotted cones; weaving mats; empty; weaving; brocade embroidery; making rice vermicelli; making vermicelli; make bean sprouts; making rice paper; silk weaving; lotus thread.
The handicrafts: embroidery lace; fine art carpentry; make horn combs; making folk paintings (Dong Ho paintings, Hang Trong paintings…); squeeze to he; making woodcut paintings, silk paintings; pick up seashells, scallops… to mount on fine art paintings; beaded rosary beads; puppet making; making greeting cards from decorative art paper products on greeting cards; make paper model picture frames, paper boxes, paper bags.
Knitting, making household items, handicrafts from natural materials such as rattan, bamboo, coconut, banana, water hyacinth, jute, sedge, cinnamon, guot, dot, and conical leaf.
Wrapping spring rolls, wrapping candy, wrapping cakes (except for operating or using packaging machines, equipment and tools).
Thread cutting, buttoning, buttoning, packing of handmade textile products.
Delivering news, mail, parcels; parcel packing.
Door-to-door sales; sales by phone; online sales.
Shoeshine; processing and selling food on the street.
Tutor; cleaning, helping in families; Help with house cleaning.
Security, parking of agencies, businesses, restaurants.
Collect money from vending machines, write numbers from the meters; cashier, sales in supermarkets.
Work in restaurants, cafeterias, cafes: reception, bartenders, table assistants, kitchen assistants, chefs, housekeepers.
Office work: photocopying, typing, answering phones.
Sales services: clothes, shoes, books, groceries.
Preliminary processing of agricultural products: sorting, peeling, peeling, separating kernels, packing.
Weeding a clean vegetable garden; harvest clean vegetables, tubers and fruits in season.
Raising livestock, poultry, raising worms, crickets, non-toxic and dangerous insects.

Can 15 years old work as a waiter?

The Labor Code 2019 stipulates the following cases of employing employees under the age of 18:

Employers may only employ underage workers in jobs suitable for their health to ensure their physical, intellectual and personality development and have the responsibility to take care of the unmarried employees adulthood in terms of labor, salary, health, learning in the process of working.
When employing minor employees, the employer must make a separate monitoring book, recording their full name, date of birth, current job, results of periodical health checks and submitted at the request of a competent state agency.
Compared with the list of permitted employees from full 15 to under 18 years old to work above, issued according to Circular 09/2020/TT-BLDTBXH of the Minister of Labor, War Invalids and Social Affairs listed on the list of jobs that employ 15-year-old workers. So in this case you are eligible to apply for a job at a cafe.

Principles of using 15-year-old workers

Article 144 of the Labor Code 2019 stipulates four principles when employing minors. As follows:

Juvenile workers are only allowed to do jobs suitable for their health to ensure their physical, mental and personality development.
The employer, when employing a minor, is responsible for taking care of the employee in terms of labor, health, and learning during the working process.
When employing minor employees, the employer must obtain the consent of the father, mother or guardian; make a separate monitoring book, record full name, date of birth, work being done, results of periodical health checks and present it at the request of a competent state agency.
Employers must create opportunities for juvenile employees to study culture, vocational education, training, retraining and improve vocational skills.

Regulations on work and workplace prohibit the use of 15-year-old workers

Jobs and workplaces where the employment of employees from full 15 years old to under 18 years of age is prohibited are specified in Article 147 of the Labor Code 2019 as follows:

Prohibited jobs using 15-year-old workers

Employers are not allowed to use minor employees to do the following jobs:

Carrying, carrying or lifting heavy objects beyond the capacity of minors;
Producing and trading in alcohol, wine, beer, tobacco, psychoactive substances or other addictive substances;
Production, use or transportation of chemicals, gases, explosives;
Maintenance and repair of equipment and machinery;
Demolition of construction works;
Cooking, blowing, casting, rolling, stamping, welding of metals;
Diving, fishing, offshore seafood;
Other jobs that harm the physical, mental and personality development of minors.

The workplace prohibits the use of 15-year-old workers

Employers must not allow minor employees to work at the following locations:

Under water, underground, in caves, in tunnels;
Construction site;
Cattle slaughter establishments;
Casinos, bars, discos, karaoke rooms, hotels, motels, sauna facilities, massage facilities; Lottery business points, electronic game services;
Other workplaces that harm the physical, intellectual and personality development of minors.

Related article:

• The term of the labor contract is in accordance with Vietnamese law
• Labor contract in accordance with Vietnamese law
• In Vietnam, are employers allowed to enter into labor contracts with 15-year-olds?

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