Circular No. 21/1999/TT-BLDTBXH Regarding the List of Occupations and Jobs and Conditions for Employing Children Under 15 Years Old.

CIRCULAR

DECREE NO. 21/1999/TT-BLDTBXH OF SEPTEMBER 11, 1999 OF THE MINISTRY OF LABOR - SOCIAL AFFAIRS REGULATING THE LIST OF OCCUPATIONS AND JOBS AND CONDITIONS FOR EMPLOYING CHILDREN UNDER 15 YEARS OLD

Pursuant to Article 120 of the Labor Code dated June 23, 1994; After exchanging opinions with relevant sectors, the Ministry of Labor - Social Affairs stipulates the list of occupations and jobs and conditions for employing children under 15 years old as follows:

I. LIST OF OCCUPATIONS AND JOBS ALLOWING THE EMPLOYMENT OF CHILDREN
UNDER 15 YEARS OLD

1. Performer: Dance, singing, circus, stage (drama, opera, cheo, cải lương, puppetry, etc.), cinema;

2. Traditional crafts: Glazing pottery, cutting mother-of-pearl, lacquer painting;

3. Handicrafts: Embroidery, wood carving;

4. Talent athletes: Gymnastics, swimming, track and field (excluding weightlifting), table tennis, badminton, basketball, handball, billiards, football, martial arts, shuttlecock kicking, weiqi, chess.

The list of occupations and jobs allowing the employment of children under 15 years old may be amended and supplemented when necessary, in accordance with economic and social development conditions.

II. CONDITIONS FOR EMPLOYING CHILDREN UNDER 15 YEARS OLD
TO WORK

Employers who employ children in the occupations and jobs specified in Section I of this circular must ensure the following conditions:

1. Children must be at least 12 years old. Specifically, children participating in artistic performances as stipulated in Point 1 of Section I above must be at least 8 years old; In certain special cases where children under 8 years old are required to be employed, such decision shall be made by the Ministry of Culture - Information.

2. Must have sufficient health suitable for the job as confirmed by a county-level health center or hospital outpatient department;

3. Have a commitment and consent form from parents or legal guardians;

4. Have a personal resume of the child confirmed by the local authority;

5. The working environment must not affect the health and psychology of children and must not exceed the permissible hygiene standards according to current regulations of the Ministry of Health;

6. Working hours must not exceed 4 hours per day or 24 hours per week; children must not be employed for overtime work or night shifts;

7. Ensure educational time for children;

8. Have a labor contract. The contents of the labor contract must comply with Decree No. 198/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on labor contracts; Circular No. 21/LDTBXH-TT dated October 12, 1996 of the Ministry of Labor - Social Affairs guiding the implementation of certain provisions of Decree No. 198/CP of the Government on labor contracts.

III. IMPLEMENTATION

1. Responsibilities of employers when employing children under 15 years old:

a. Establish a separate record, fully recording name, date of birth (with birth certificate attached), gender, permanent address, education level, job currently doing, name and address of parents or legal guardian, and working conditions applicable to children;

b. Register with the provincial Department of Labor - Social Affairs regarding the use of children under 15 years old for work at enterprises, production and business establishments (attached model);

c. Must conduct a health check for children before recruitment and carry out regular health checks, at least once every six months;

d. Bear responsibility for the safety and health of children during the working process;

2. Provincial Departments of Labor - Social Affairs have the responsibility to coordinate with relevant agencies to disseminate this circular to all enterprises and production and business establishments within their jurisdiction; at the same time guide, urge, inspect, and audit the implementation, and compile information on children under 15 years old currently working in enterprises within their management scope.

3. This circular takes effect 15 days from the date of signature. During the implementation period, if there are any difficulties, please report to the Ministry of Labor - Social Affairs for research and resolution.

THE MINISTER

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS

Nguyen Thi Hang

MODEL FOR REGISTERING THE USE OF CHILDREN UNDER 15 YEARS OLD
WORKING
Attached to Circular No... BLDTBXH-TT dated... month... year
of the Ministry of Labor - Social Affairs

APPLICATION FOR USING CHILDREN UNDER 15 YEARS OLD
WORKING AT ENTERPRISES,
PRODUCTION AND BUSINESS ESTABLISHMENTS

Name of enterprise, production and business establishment: ...

Ministry, Group Corporation, Main Management Authority:...

Respectfully submitted to: Provincial Department of Labor - Social Affairs, province ...

.................................................................................................................

Date...month...year...

Employer

(Signature and stamp)