In Vietnam, which competent bodies' approval are required when employing persons under 13 years of age?

In Vietnam, which competent bodies' approval are required when employing persons under 13 years of age?

Pursuant to Clause 1, Article 5 of Circular 09/2020/TT-BLDTBXH stipulating competence in approving employment of persons under 13 years of age:

Recruitment and employment of persons under 13 years of age in compliance with regulations in Clause 3 Article 145 of the Labor Code require approval from the following regulatory bodies:

1. Department of Labor - War Invalids and Social Affairs of the province where the head office or the address written in the enterprise/ cooperative/ cooperative union registration certificate or investment registration certificate or written approval for investment guidelines or decision on regulatory body or organization establishment or cooperation agreement of cooperative group is located if the employer is an enterprise, regulatory body, organization or cooperative.

2. Department of Labor - War Invalids and Social Affairs of the province where the permanent or temporary residence of the household or individual is registered if the employer is a household or individual.

According to the above regulations, to employ persons who 9-year-old, you shall have approval from Department of Labor - War Invalids and Social Affairs of the province where the permanent or temporary residence of the household or individual is registered.

In Vietnam, what is procedure for application for employment of persons under 13 years of age?

Pursuant to Article 7 of Circular 09/2020/TT-BLDTBXH stipulating procedure for application for employment of persons under 13 years of age

1. The employer shall submit one application for employment for each person under 13 years of age whom they wish to employ, which is prepared according to regulations in Article 6 of this Circular, to the Department of Labor - War Invalids and Social Affairs mentioned in Article 5 of this Circular directly or by post or online.

2. The Department of Labor - War Invalids and Social Affairs will receive the application when it contains all components required according to regulations in Article 6 of this Circular.

3. Within 10 working days starting from the date of receipt of an adequate application according to regulations in Clause 2 herein, the Department of Labor - War Invalids and Social Affairs shall cooperate with relevant regulatory bodies and organizations in verifying information (if needed), appraising the application and notifying the employer of the approval for the employment using Form No. 04 in Appendix I enclosed therewith.

If the application is rejected, the Department of Labor - War Invalids and Social Affairs shall explain the reason to the employer in writing.

Best regards!