Status: The collection of comments has expired (from May 15, 2018 to July 15, 2018). According to the schedule, this Draft Circular will be presented to the Ministry leaders in December 2018 [click here to see the schedule].

Document proposed to be replaced:
Circular No.10/2013/TT-BLDTBXH dated June 10, 2013 of the Ministry of Labor, Invalids and Social Affairs on issuing the list of jobs and workplaces prohibited from utilizing underage employees.

Click here to see full contents of this draft (in Vietnamese).

Issuing the list of (1) jobs and (2) workplaces prohibited from utilizing underage employees.

List of workplaces prohibited from utilizing underage employees:

– Workplaces exposed to occupational health factors and substances in the working environment (including: electromagnetic fields, vibration, noise, temperature, silica dust, silica-free dust, cotton dust, asbestos dust; radioactive substances or rays; radiation by X-rays and other harmful rays) which do not fall within the permitted level of the national technical regulations;
–  Exposure to infectious agents;
– The work exceeds 04 hours per day in a tight, cramped working space, sometimes requiring the employees to kneel, lie down, or to stoop;
– On hanging shelves or on lines 2 meters above the working floor; mountainous areas with slopes over 30^_o.

Several jobs are prohibited from utilizing underage employees as mentioned in the Draft:

– Jobs that require the conveying, carrying, or lifting of heavy objects beyond the physical capability of underage employees:

– Controlling the means of transport with an engine cylinder capacity of 50 cm^₃ or more.
– Direct exposure to chemicals that cause genetic mutation, long lasting reproductive toxicity (such as: testicular insufficiency, ovary dysfunction), and/or carcinogenic chemicals (see the list stated in the Draft).
– Jobs that require exposure to gasoline or oil in caves or tunnels: delivery, maintenance, and operation of pumps and measurement of gasoline or oil.
– The manufacture, use, or transport of dangerous products: explosives, flammable substances, oxidants, gas, gunpowder, ammunition, or firecrackers with the potential of causing explosion and flames.
– Work on scaffolding or on beams 3 meters higher than working floor.
– Installing, dismantling or changing scaffolding (except for assisting the work on the ground or on the floor).
– The picking or sorting of garbage, waste, waste substances or scrap.
– Inspecting, repairing and operating of circuits with a voltage of 700 Volts in case of a Direct Current; and over 220 Volts in case of an Alternating Current and the resistors of that circuit.

This insight is quoted from the Vietnam Labor Law Review (August – September 2018), you can download and read the full file on PDF file at here.

Author: Stephen Le 

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