Joint Circular No. 21/2004/TTLT/BLDTBXH-BYT guides and specifies the list of workplaces and jobs that shall not employ workers under 18 years old in business establishments prone to being exploited for prostitution activities.

JOINT CIRCULAR

Regarding guidance on the list of workplaces and jobs that shall not employ workers under 18 years old in business establishments prone to being exploited for prostitution activities. 

Pursuant to Article 11 and Article 25, Article 27 of Decree No. 178/2004/NĐ-CP dated October 15, 2004 of the Government detailing implementation of certain provisions of the Ordinance on Prevention and Control of Prostitution;

To limit negative impacts on the comprehensive development of physical, intellectual, and personality aspects of workers under 18 years old in business establishments prone to being exploited for prostitution activities; after receiving consistent opinions from the Ministry of Culture and Information, the Ministry of Trade, and the General Administration of Tourism, the joint circular of the Ministry of Labour, Invalids and Social Affairs and the Ministry of Health provides guidance and regulations on the list of workplaces and jobs that shall not employ workers under 18 years old as follows:

I. LIST OF WORKPLACES AND JOBS THAT SHALL NOT EMPLOY WORKERS UNDER 18 YEARS OLD

1. In accommodation service establishments: hotels, guesthouses, lodges, hostels, holiday villas, rented apartments, and other accommodation establishments.

1.1. Workplaces:

- Security room;

- Bar counter, reception desk;

- Room service department;

1.2. Jobs:

- Security guard;

- Receptionist;

- Room service attendant;

- Bar table service attendant.

2. In cultural service establishments: nightclubs, karaoke bars; non-professional artistic performances at hotels, guesthouses, restaurants, cafes, internet access service agencies.

2.1. Workplaces:

- Singing room;

- Dance floor;

- Stage;

- Internet access service area.

2.2. Jobs:

- Operating sound and lighting equipment;

- Singing with customers;

- Dancing with customers;

- Artistic dance performance;

- Non-artistic dance performance;

- Live music performance;

- Managing activities directly on the dance floor;

- Serving customers accessing the internet.

3. In health recovery service establishments: massage, sauna, acupressure, physiotherapy.

3.1. Workplaces:

- Sauna room;

- Massage room.

3.2. Jobs:

- Massage;

- Other jobs in the massage room, sauna room.

4. In other service establishments: hot and cold baths, hair cutting and shampooing services, tour transportation and travel agencies.

4.1. Workplaces:

- Closed hair cutting and shampooing room;

- Game room (electronic games with prizes, billiards, chess, bowling);

- Indoor, outdoor, beach, mountain sports service areas.

4.2. Jobs:

- Bath attendant;

- Hair cutter;

- Shampooer;

- Massage;

- Tour guide;

- Rickshaw driver and other simple transport vehicles for tourist transportation.

II. IMPLEMENTATION

1. Responsibilities of employers

1.1. Disseminate and publicize the contents of this Circular to workers under their management.

1.2. Within 30 days from the date this Circular takes effect, review the jobs currently performed by workers under 18 years old in the unit; if there are workers under 18 years old performing jobs listed in Section II of this Circular, they must be reassigned to suitable jobs. If reassignment is not possible, the provisions of point d, Clause 1, Article 38 and Clause 1, Articles 42 and 43 of the Labour Code must be strictly followed.

1.3. Bear legal responsibility if workers under 18 years old are found working in prohibited workplaces and jobs.

2. Responsibilities of State management agencies

2.1. Provincial Departments of Labour, Invalids and Social Affairs, Provincial Departments of Health have the responsibility to coordinate with Provincial Departments of Culture and Information, Provincial Departments of Trade and Tourism, Provincial Departments of Trade, Provincial Departments of Tourism, and related organizations to disseminate this Circular to business establishments within their jurisdiction that fall under the scope of application of this Circular, and simultaneously guide inspections according to their functions and authorities.

2.2. Labour inspection agencies at all levels cooperate with relevant agencies to conduct inspections, checks, and handle violations according to point b, Clause 2, Article 15 of Decree No. 113/2004/NĐ-CP dated April 16, 2004 of the Government on administrative penalties for violations of labour laws.

2.3. People's Committees at all levels, based on their authority, direct competent agencies to inspect and audit the implementation of the provisions of this Circular.

3. Effective Date

This Circular takes effect 15 days after its publication in the Official Gazette, and all previous regulations contrary to this Circular are abolished.

Any difficulties encountered during implementation should be reported to the Ministry of Labour, Invalids and Social Affairs and the Ministry of Health for research and resolution.