Factories often need young workers, but the law prohibits employing underage workers in many specific jobs and workplaces — violations can draw fines of up to VND 75 million. This article systematizes the prohibited job list for workers aged 15 to under 18, especially in factory settings, under the current framework.
1. Current legal framework
Underage labor is governed by Articles 143–147 of Labor Code No. 45/2019/QH14 (Consolidated Document 18/VBHN-VPQH 2026) and guiding Circular 09/2020/TT-BLDTBXH (still in force). Penalties follow Article 27 of Decree 283/2026/ND-CP (effective 10/9/2026, replacing Decree 12/2022/ND-CP).
2. Who is an “underage worker”?
- Under 18 years old (Article 143). Workers aged 15 to under 18 must not perform the jobs or work at the workplaces listed in Article 147.
- Aged 13 to under 15: only light work per the MOLISA Minister’s list (Appendix II, Circular 09/2020).
- Under 13: only arts, sports and physical training jobs (Article 145(3)), with approval from the provincial labor authority.
3. Jobs PROHIBITED for workers aged 15 to under 18 (Article 147(1))
In factory settings, the following are strictly prohibited for workers aged 15 to under 18:
- Carrying or lifting heavy objects beyond the juvenile’s physical capacity;
- Producing or trading alcohol, beer, tobacco, psychotropic or addictive substances;
- Producing, using or transporting chemicals, gas or explosives;
- Maintaining or servicing equipment and machinery;
- Demolishing construction works;
- Cooking, blowing, casting, rolling, stamping or welding metal;
- Sea diving, offshore fishing;
- Other work harming physical, intellectual or moral development — detailed list in Appendix III, Circular 09/2020/TT-BLDTBXH (Article 9(1)).
4. Prohibited workplaces (Article 147(2))
- Underwater, underground, in caves or tunnels;
- Construction sites;
- Livestock slaughterhouses;
- Casinos, bars, dance halls, karaoke parlors, hotels, motels, saunas, massage parlors; lottery outlets, video game services;
- Other harmful workplaces — listed in Appendix IV, Circular 09/2020 (Article 9(2)).
5. Working hours and employment principles
- Aged 15 to under 18: maximum 08 hours/day and 40 hours/week; overtime or night work only in certain trades per the Minister’s list (Article 10, Circular 09/2020: artistic performance, professional athletes) — Article 146.
- Under 15: maximum 04 hours/day, 20 hours/week; no overtime, no night work.
- Principles (Article 144): only health-suitable work; consent of parents or guardians required; a separate monitoring book (name, birth date, job, periodic health-check results) presented on demand; opportunities for schooling and vocational training.
- Employing persons under 15 additionally requires: a written labor contract with the person and their legal representative; working hours not affecting schooling; a health certificate plus check-ups at least once every 06 months (Article 145).
6. Penalties (Article 27, Decree 283/2026/ND-CP)
- VND 1,000,000–2,000,000: failure to keep a separate monitoring book, incomplete entries, or failure to present it on demand.
- VND 20,000,000–25,000,000: employment without parental/guardian consent; breaches of under-15 rules (contract, hours, health checks); exceeding Article 146 working hours; overtime/night work for under-15s; unauthorized overtime/night work for 15–18s.
- VND 50,000,000–75,000,000: employing 13–15-year-olds in non-permitted jobs; employing underage workers in Article 147-prohibited jobs or workplaces.
(Fines stated are for individuals; organizations pay double.) Illegal use of underage labor is also a strictly prohibited act under Article 8(7) of the Labor Code.
7. Recommendations for factories
- Audit every job position against Article 147 + Appendices III/IV of Circular 09/2020 before assigning workers aged 15 to under 18.
- Keep a complete separate monitoring book per Article 144(3) — an easily overlooked duty fined up to VND 2 million.
- Obtain written parental/guardian consent, keep records, and verify age with ID documents.
- Strictly monitor working hours: no overtime/night work beyond the permitted list.
FAQs
Q: May a factory hire a 16-year-old as a machine operator?
A: Check the specific job against Article 147’s prohibited list (e.g., equipment maintenance, metal welding/casting are banned). If the job is not prohibited and Articles 144/146 conditions are met, employment is allowed.
Q: May a 14-year-old work in a factory?
A: Only light work per Appendix II of Circular 09/2020, max 04 hours/day, no overtime/night work, and all Article 145 conditions must be satisfied.
Q: What is the fine for missing the monitoring book?
A: VND 1–2 million (Article 27(1), Decree 283/2026/ND-CP; doubled for organizations).
Legal sources
- Labor Code No. 45/2019/QH14, Consolidated Document 18/VBHN-VPQH 2026 (Articles 143–147; Article 8(7)).
- Circular 09/2020/TT-BLDTBXH on underage labor (Articles 9, 10; Appendices II, III, IV).
- Decree 283/2026/ND-CP (Article 27), effective 10/9/2026.
See more labor law articles by FLAT.
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This article was prepared by the FLAW AI Legal Council and is pending QA Council review; it has not been reviewed by a licensed human lawyer. It is for general reference only and does not constitute legal advice for any specific case.