Vietnam

Relevant Legislation
Labour Code of the Socialist Republic of Vietnam, 23 June 1994 (Amended 2 April 2002)8
Law on Child Protection, Care and Education, Socialist Republic of Vietnam, 15 June 2004 (No. 25/2004/QH11)9


Minimum Age of Employment

Article 120 provides that: ‘Employment of persons under the age of fifteen (15) years is prohibited, except in a number of trades and occupations stipulated by the Ministry of Labour, War Invalids and Social Affairs’.

Working Hours

The working hours of a junior worker shall not exceed seven hours per day or 42 hours per week. An employer shall only be permitted to employ junior workers for overtime or nightshift work in trades and occupations stipulated by the Ministry of Labour, War Invalids and Social Affairs [Article 122].

Types of Work Prohibited

Article 121 states that: ‘an employer shall only be permitted to employ a junior worker in jobs which are suitable to the health of the junior worker to ensure the development and growth of the worker’s body, mind, and personality’. It is therefore prohibited to employ junior workers in heavy or dangerous work, work requiring contact with toxic substances, or work that will have adverse effects on a child’s personality.

Article 7(7) of the Vietnamese Child Protection Law additionally provides that: ‘Abusing child labour, employing children for heavy or dangerous jobs, jobs in exposure to noxious substances or other jobs in contravention with the provisions of the labour legislation’ is strictly prohibited.

Additional Protective Measures

Article 120 provides that: ‘In trades and occupations where the employment of persons under the age of fifteen (15) years for work, training, or apprenticeship is permitted, there must be approval of and monitoring by the parents or guardian’. Article 119 specifically prohibits the abuse of junior workers (under the age of 18), and further stipulates that employers must maintain ‘separate records containing the full names, dates of birth, current employment positions, and regular health reports of the junior workers’, to be produced upon request by a labour inspector.

Endnotes
8 Labour Code of the Socialist Republic of Vietnam, 23/06/1994, (amended 2 /04/2002), available at http://www.global-standards.com/Resources/VNLaborCode1994-2002.pdf (accessed 16/05/11).
9 Law on Child Protection, Care and Education, Socialist Republic of Vietnam, 15 June 2004 (No. 25/2004/QH11), unofficial translation available at htt p://www.hsph.harvard. edu/population/traffi cking/vietnam.child.04.doc (accessed 28/10/11)