Currently, society is developing with an unimaginable speed, which makes the labor market more and more bustling. Working age is an issue that concerns both employers and those who are intending to work. So “Can a person under 18 years old work in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Labor Code 2019
- Law on Social Insurance 2014
- Decree 28/2020/ND-CP
Can a person under 18 years old work in Vietnam?
According to the current law, under 18 years old can still work. Pursuant to Article 143 of the Labor Code 2019:
Article 145. Employment of minors under the age of 15
1. When employing persons who are less than 15 years of age, employers must comply with the following regulations:
a) To enter into a written employment contract with persons who are less than 15 years of age and with their legal representatives.
b) To arrange working hours so as not to affect the school hours of persons who are less than 15 years of age.
c) To have a health certificate from an authorised health care institution confirming that the health of the person aged less than 15 years old is suitable for the work, and to organise health check-ups every six months.
d) To ensure that the working conditions, occupational safety and health are suitable for the age of the worker.
2. Employers may only recruit and employ persons from 13 years of age to less than 15 years of age to perform light work as stipulated in Clause 3 of Article 143 of this Code.
3. Employers shall not recruit and employ those who are under 13 years of age, except to perform work relating to the arts and sports provided that such work does not impair their physical, mental and personality development, and the employer must have the consent of specialized labour agency of the Provincial People’s Committee.
4. The Minister of Labour-Invalids and Social Affairs shall provide details for this Article.
Can employers rent a person under the age of 18 to work for his company?
Persons under 18 years old are underage workers. However, only employees under the age of 18 are allowed to do light and low-pressure jobs suitable for their age. In addition, it is prohibited to employ workers in the following jobs and working locations:
1. It is forbidden to employ workers from full 15 years old to under 18 years old to do the following jobs:
a) Carrying, carrying or lifting heavy objects beyond the capacity of minors;
b) Producing and trading in alcohol, wine, beer, tobacco, psychoactive substances or other addictive substances;
c) Producing, using or transporting chemicals, gas, explosives;
d) Maintenance and repair of equipment and machinery;
đ) Demolition of construction works;
e) Cooking, blowing, casting, rolling, stamping, welding of metals;
g) Scuba diving, offshore fishing and seafood;
h) Other jobs that harm the physical, mental and personality development of minors.
2. It is forbidden to employ workers from full 15 years old to under 18 years old to work in the following places:
a) Under water, underground, in caves, in tunnels;
b) Construction site;
c) Cattle slaughter establishments;
d) Casinos, bars, discos, karaoke rooms, hotels, motels, sauna facilities, massage establishments; Lottery business points, electronic game services;
d) Other workplaces that harm the physical, intellectual and personality development of minors.
Thus, businesses and individuals conducting business may use employees under the age of 18 to do appropriate jobs with the consent of their legal representatives (parents), except for prohibited work mentioned above.
How to handle underage working age to fake job applications under Vietnam law?
When applying for a job, all types of documents in a job application require the employee to be notarized and authenticated. Therefore, those who commit acts of falsifying documents to carry out the authentication request procedures will be fined from VND 3 to 5 million. In addition to fines, employees are also forced to destroy fake documents.
In addition, it is likely that the employee will be subject to labor discipline depending on the nature and seriousness of the violation. Regarding the insurance regime, according to Point a, Clause 1, Article 39 of Decree 28/2020/ND-CP, Employees who make false declarations of contents related to the enjoyment of social insurance and unemployment insurance but have not yet reached the point of criminal prosecution shall be subject to a fine of between VND 01-02 million. .
In addition, according to the provisions of Clause 4, Article 17 of the Law on Social Insurance 2014, it is forbidden to cheat and forge documents in the implementation of social insurance and unemployment insurance. Therefore, according to Clause 2, Article 122 of this Law, individuals may be administratively sanctioned, disciplined, or even examined for penal liability depending on the seriousness of the compensation in accordance with the regulations of the current law.
Do a person under 18 years old have to pay social insurance?
According to the provisions at point a, Clause 1, Article 145 of the Labor Code 2019:
“1. When employing a person under the age of 15, the employer must comply with the following provisions:
a) To enter into a written labor contract with a person under 15 years of age and his/her legal representative;”
Thus, before working to be paid social insurance premiums, the employee and the employer must enter into a labor contract, this contract must be agreed with the person under 18 years of age. opinion of the legal representative of the employee (parents).
In addition, according to the provisions of Points a and b, Clause 1, Article 2 of the Law on Social Insurance 2014:
1. Employees being Vietnamese citizens are eligible to participate in compulsory social insurance, including:
a) Persons working under an indefinite term labor contract, a definite term labor contract, a seasonal labor contract or a certain job with a term of from full 3 months to less than 12 months , including the labor contract signed between the employer and the legal representative of the person under the age of 15 in accordance with the labor law;
b) Persons working under labor contracts with a term of from full 1 month to less than 3 months;
Thus, when the company signs a labor contract with a minor, it must also pay social insurance for them. Therefore, people under 18 years of age when working are entitled to social insurance contributions in accordance with the provisions of Vietnam law.
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Please see more
- E-commerce platform registration service in Vietnam
- Vietnam law on termination of a labor contract with indefinite term
- Performance of labor contracts in accordance with Viet Nam legal regulations
Frequently asked questions
Legal terms need to be understood correctly in order to strictly comply with the law. Pursuant to Clause 1, Article 21 of the 2015 Civil Code regarding minors:
A minor is a person under the age of eighteen. Thus, a person under the age of 18 is called a minor. The under-18s here can be completely divided into different milestones such as: from full 6 years old to less than 15 years old; from full 15 years old to under 18 years old.
Pursuant to Article 144 of the Labor Code 2019 stipulates:
1. Juvenile workers may only do jobs suitable for their health to ensure their physical, intellectual and personality development.
2. Employers, when employing minors, are responsible for taking care of the employees in terms of labor, health, and learning during the working process;
3. When employing minor employees, the employer must obtain the consent of his/her father, mother or guardian; make a separate monitoring book, record full name, date of birth, current job, results of periodical health checks and present it at the request of a competent state agency.
4. Employers must create opportunities for juvenile employees to study culture, vocational education, training, retraining and improve vocational skills.
Pursuant to Article 28 of Decree No. 28/2020/ND-CP stipulating penalties for violations against juvenile workers:
“first. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed on the employer who fails to keep a separate monitoring book or has a separate monitoring book but fails to fully record the contents as prescribed in Clause 2, Article 162 Labor Code when employing underage workers or failing to present a monitoring book when requested by a competent state agency.
A fine of between VND 10,000,000 and 15,000,000 shall be imposed on the employer who commits one of the following acts:
a) Employing a person from full 13 years old to under 15 years old without signing a written labor contract with his/her legal representative or without the consent of the person between full 13 years old and under 15 years old.
b) Employing minor employees to work beyond the working hours specified in Clause 2, Article 163 of the Labor Code;
c) Employing people under the age of 15 to work overtime or work at night;
d) Employing people from full 15 years old to under 18 years old to work overtime or work at night, except for a number of occupations and jobs permitted by law.
A fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed on the employer who commits one of the following acts:
a) Employing minors to do heavy, hazardous or dangerous jobs or workplaces or jobs that adversely affect their personality according to the list issued by the Ministry of Labor, War Invalids and Social Affairs. assume the prime responsibility for, and coordinate with the Ministry of Health in, promulgating or employing underage employees to do jobs or workplaces that are prohibited from being used according to the provisions of Article 165 of the Labor Code, but not yet to the extent of being prosecuted for liability. Criminal;
b) Employing people from 13 years old to under 15 years old to do jobs outside the list permitted by law as prescribed in Clause 1, Article 164 of the Labor Code;
c) Employing people under the age of 13 to do work outside the list permitted by law as prescribed in Clause 3, Article 164 of the Labor Code.
Conclusion: So the above is Can a person under 18 years old work in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
