Thông tư 11/2013/TT-BLDTBXH

CIRCULAR  

PROMULGATING LIST OF LIGHT WORKS ALLOWED USING PERSONS UNDER 15 YEARS OLD TO WORK

Pursuant to the Labor Code date June 18, 2012;

Pursuant to the Government’s Decree No. 106/2012/ND-CP dated December 20, 2012 defining the functions, tasks, powers and organizational structure of the Minister of Labor, Invalids and Social affairs;

At the proposal of Director of the Labor safety Department;

The Minister of Labor, Invalids and Social affairs promulgates list of light works allowed using persons under 18 years old to work,

Article 1.

1. To promulgate together with this Circular list of light works allowed using persons under 15 years old to work.

2. This Circular applies to all enterprises, agencies, organizations, cooperatives, households and individuals hiring, using laborers under labor contracts (hereinafter abbreviated to the employers).   

Article 2.

1. The employers take responsibility:

a) To review works using persons under 15 years old; just permit using persons under 15 years old to do works in list of light works promulgated together with this Circular;

b) When recruiting persons under 15 years old to work, it is required to have health certificates issued by the competent medical examination and treatment establishments which confirm that heath is suitable with work; to organize periodical medical health examination at least 6 months once;

c) To comply with provisions on using persons under 15 years old specified in Clause 2 Article 162; Clause 2 and Clause 5 Article 163; Clause 2 Article 164 of the Labor Code;

d) The working place must ensure elements of labor environment hygiene meeting the allowed hygiene regulations, criteria in accordance with current regulation;

dd) When recruiting persons under 15 years old for the first time, the employers must notify in writing Departments of Labor, Invalids and Social affairs of provinces, central-affiliated cities (hereinafter abbreviated to the provincial Departments of Labor, Invalids and Social affairs) where establishments locate their head offices within 30 days after beginning recruitment according to the form set in Annex promulgated together with this Circular; 

e) Annually report use of persons under 15 years old to work, at the same time with report on labor security, labor hygiene to Departments of Labor, Invalids and Social affairs.

2. The Departments of Labor, Invalids and Social affairs take responsibility:

a) To coordinate with Departments of Health, local Confederations of Labor in regularly propagating, examining, supervising implementation of this Circular;

b) To strengthen inspection and timely handle cases breaching provisions of law on using persons under 15 years old;

c) Annually sum up, report to the Ministry of Labor, Invalids and Social affairs about implementation of this Circular, at the same time with report on labor security, labor hygiene in their localities.

Article 3.

1. This Circular takes effect on August 01, 2013.

2. To annul the Circular No. 21/1999/TT-BLDTBXH dated September 11, 1999 of the Ministry of Labor, Invalids and Social affairs providing list of jobs, works and conditions to be allowed receiving children not full 15 years old to work from the effective date of this Circular. 

3. In the course of implementation, any arising problems should be reported to the Ministry of Labor, Invalids and Social affairs for consideration and settlement.

LIST

OF LIGHT WORKS ALLOWED USING PERSONS UNDER 18 YEARS OLD TO WORK
(Promulgated together with the Circular No. 11/2013/TT-BLDTBXH dated June 11, 2013 of the Minister of Labor, Invalids and Social affairs)

I. LIST OF WORKS ALLOWED USING PERSONS UNDER 13 YEARS OLD TO WORK

1. Actors and actresses: Dancer; singer; circus actors; movie actors; theater actors, traditional musical theatre actors, reformed opera actors and puppetry actors (excluded water puppetry).

2. Gifted athletes:  gymnastics, swimming, athletics (except chained dumbbell), table tennis, badminton, basketball, handball, billiards, football, martial arts, kicking shuttlecock, takraw, chess, China chess, and volleyball.

II. LIST OF WORKS ALLOWED USING PERSONS AT FULL 13 YEARS OLD AN D UNDER 15 YEARS OLD TO WORK

1. Works allowed using persons full 13 years old and under 15 years old to work

2. Traditional jobs: drawing dots on ceramic, sawing clams, painting lacquer, making poonah paper, conical hat, making incense, drawing dots on hat, mat weaving, drum making, brocade weaving, making rice noodles, bean sprouts, making rice noodle (vermicelli).

3. Arts and crafts: embroidery, art wood, make horn comb, weaving net, making Dong Ho paintings, molding toy figurine.

4. Wicker, making home appliances, fine art crafts from natural materials such as: rattan, bamboo, neohouzeaua, coconut, banana, water hyacinth.

5. Rearing silkworms.

6. Packing coconut candy.