In Vietnam, is it illegal to make 13-year-old athletes work overtime?

In Vietnam, is it illegal to make 13-year-old athletes work overtime?

Pursuant to Clause 1, Article 146 of the Labor Code in 2019 stipulating working hours of minors employees in Vietnam as follows:

1. The working hours of minor employees under 15 shall not exceed 04 hours per day and 20 hours per week. Employers must not request minor employees to work overtime or at night.

2. 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.

As regulations above, your coach has violated the Law for forcing 13-year-old athlete to have overtime practice.

What are the administrative penalties for forcing a 13-year-old athlete to work overtime in Vietnam?

Pursuant to Clause 2, Article 29 of the Decree 12/2022/NĐ-CP stipulating violations against regulations on minor employees in Vietnam as follows:

A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed upon an employer for commission of one of the following violations:

a) Employing a minor employee without obtaining the consent of his/her parent or guardian;

b) Committing any of the following acts when employing a person under 15: failing to conclude a written employment contract with the employee and his/her legal representative; arranging the working hours in such a way that affects the employee’s study hours; failing to obtain a health certificate from an authorized health facility which certifies that the employee is fit for the work assigned; failing to provide periodic health check-ups for the employee at least once every 06 months; or failing to ensure that the working conditions, and OSH conditions are suitable for the employee’s age;

c) Hiring minors to work in excess of the working hours prescribed in Article 146 of the Labour Code;

d) Hiring persons under 15 to work overtime or at night;

dd) Hiring persons aged 15 to under 18 to work overtime or at night in certain works or jobs which are not permitted by laws.

As regulations above, anyone forcing 13-year-old athlete to work overtime shall be fined from VND 20.000.000 to VND 25.000.000.

Best regards!