Regulations on the employment of minor employees in Vietnam under the Labor Code (2024)

FAQs

What are the child labor laws in Vietnam? ›

Working hours of minors employees in Vietnam

- The working hours of employees aged 15 to under 18 shall not exceed 08 hours per day and 40 hours per week. Employees aged 15 to under 18 may work overtime or at night in certain works and jobs listed by the Minister of Labor, War Invalids and Social Affairs.

The working hour limit is 48 hours per week; the labor code states that normal working hours cannot exceed eight hours a day or 48 hours per week. However, if the employer and employee agree on an overtime deal, the overtime cannot exceed 12 hours a day, 40 hours a month, and 200 hours a year.

About 42.9 percent, or 2,595, of these child laborers are under 15 years old, which is the minimum age for employment in Vietnam.

Minimum Age Standards For Employment

16 - Basic minimum age for employment. Sixteen- and 17-year-olds may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor.

Viet Nam has laid the foundation for effective and sustainable action against child labour. In November 2000, the Government of Viet Nam ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and in 2003 the Government ratified the Minimum Age Convention, 1973 (No. 138).

The two-child policy was recommended by the Vietnamese government in 1981 and made law in 1988. The goal of the policy is to maintain national population growth at 2 percent (Council of Ministers 1989). The policy is applied to every family except for families of ethnic minorities.

Employee Rights and Protections

Vietnam's labor laws offer protections against discrimination and lay down clear rules regarding termination and severance pay. Employees in Vietnam are entitled to various benefits, such as annual leave, maternity leave, sick leave, social insurance, health insurance, pension, etc.

Section 214. 214. Prosecution under section 212 may be brought either at the place where the alleged illegal order, check, draft, note, memorandum or other acknowledgment of wage indebtedness is issued or at the place where it is made payable. (Enacted by Stats.

(a) The Division of Labor Standards Enforcement shall do all of the following: (1) Maintain minimum standards for the competency and training of electricians through a system of testing and certification.

From the national legal framework, Vietnam (the Civil Code) the age when a person is considered an adult in Vietnamese law is now defined as from 18 and those under 18 years of age considered a Minor.

Can 17 year olds enlist in Vietnam? ›

Age subject to conscription is from 18 to under 26 years old. A citizen who enters university or college and postpones the conscription shall be subject to conscription until he/she turns to 28 years old. As regulations above, age subject to conscription in Vietnam is from 18 to under 26 years old.

~ The largest age group, 33,103 were 18 years old. 12 soldiers on the Wall were 17 years old. ~ 5 soldiers on the Wall were 16 years old.

There are no restriction on hours for minors 16 years of age and above. (No cutoff hour; no maximum number of hours per day).

Child Labor | U.S. Department of Labor. The federal child labor provisions of the Fair Labor Standards Act of 1938 (FLSA) were enacted to ensure that when young people work, the work is safe and does not jeopardize their health, well-being or educational opportunities.

If employers misclassify employees, they may be violating wage, tax, and employment eligibility laws. Organizations can be held liable for failing to pay overtime and minimum wage under the Federal Fair Labor Standards Act (FLSA) as well as under state wage laws.

The current Labor Code, passed by the National Assembly of Vietnam on 18 June 2012, provides a major overhaul of Vietnam employment law. The new Labor Code came into force on 1 May 2013. 1 Law Number 10-2012-QH13, passed by the National Assembly of Vietnam on 18 June 2012 (“Labor Code”).

In 2022, almost 14 million people worked in the agriculture, forestry, and fishing sector in Vietnam, making this sector the largest employer among all industries. By comparison, the manufacturing industry employed approximately 11.8 million people, making it the second highest employed population that year.

In 2022, the largest share of employed workers in Vietnam belonged to those working in elementary occupations, comprising a total of 12.52 million people. Following closely were service and market sales workers, with 9.7 million, and plant, machine operators and assemblers, with 7.57 million individuals.

Currently, working hours are limited to 48 hours per week or eight hours a day for six days a week. However, if an employer and employee agree, workers are permitted to work overtime. Notably, Vietnamese workers are entitled to overtime for the hours they work exceeding 48.