Under 13 Work Permit: A Legal Guide

An Under 13 Work Permit is a mandatory legal procedure in Vietnam. This process ensures that employing individuals under the age of 13 does not impede their physical, intellectual, or personal development. Employment is permitted only in specific sectors. Employers must understand the precise conditions, application process, and required documentation to comply with labor regulations. This guide details the technical steps for obtaining an Under 13 Work Permit.

Regulatory Requirements and Conditions

An employer may hire an individual under 13 for work in the arts or sports. The work must not harm the person’s physical, intellectual, or personal development. Approval from the Department of Home Affairs is mandatory, as stipulated in Decision No. 499/QD-BNV dated May 17, 2025.

Employers must also adhere to Circular No. 09/2020/TT-BLDTBXH, dated November 12, 2020. This circular provides Appendix III and Appendix IV, which list jobs and workplaces detrimental to the development of minors. Compliance is a strict condition for securing an Under 13 Work Permit.

>>> See more at: Appendix III and Appendix IV issued together with Circular No. 09/2020/TT-BLĐTBXH dated November 12, 2020

Dossier Components and Submission Methods

As per Decision No. 499/QD-BNV, a complete dossier includes the following documents:

• An application form for the Under 13 Work Permit, using Form No. 01 from Appendix I of Circular No. 09/2020/TT-BLDTBXH.
• A copy of the Enterprise Registration Certificate, Cooperative Certificate, Investment Registration Certificate, or equivalent legal establishment document for the employing entity.
• A copy of the criminal record check for the employer’s representative who will sign the labor contract. This document must be issued within six months of the contract signing date and must show no record of child abuse offenses.
• A written commitment from the employer’s representative confirming no prior criminal prosecution or administrative sanctions for child abuse, using Form No. 02 from Appendix I of Circular No. 09/2020/TT-BLDTBXH.
• The labor contract or a draft labor contract between the employer, the person under 13, and their legal representative. If a draft is submitted, it must be accompanied by a consent form from the legal representative, using Form No. 03 from Appendix I of Circular No. 09/2020/TT-BLDTBXH.
• A copy of the birth certificate and a valid health certificate for the person under 13. If the individual is enrolled in education, a copy of their school schedule or academic program is required.

Number of dossiers: 01 set.

Employers can submit the dossier through one of the following methods: direct submission at the competent authority, via the public postal service, or online through the national public service portal.

>>> See more at:

• Written request for employing persons under 13 years old
• Commitment letter confirming no previous criminal prosecution or administrative sanctions for acts of child abuse
• Consent form from the legal representative of the person under 13 years old to work

Competent Authority

The competent state agency for processing an Under 13 Work Permit application is the Department of Home Affairs. Jurisdiction is determined as follows:

• For enterprises, organizations, or cooperatives, the application is submitted to the Department of Home Affairs where the entity’s head office or registered address is located.
• For households or individual employers, the application is submitted to the Department of Home Affairs where the employer has permanent or temporary residence registration.

>>> See more at: What should we keep in mind when agreeing on working time in the labor contract?

Application Procedure

The procedure for obtaining approval follows a defined sequence:

Step 1: Dossier Submission The employer prepares and submits one complete dossier for each individual under 13 to the competent Department of Home Affairs.

Step 2: Dossier Appraisal and Response Within 10 working days of receiving a complete dossier, the Department of Home Affairs will, if necessary, coordinate with relevant agencies to verify information, appraise the dossier, and issue a written response.

If the application is approved, the employer receives a formal letter of consent. If denied, the Department of Home Affairs must provide a written response stating the specific reasons for the rejection.

Processing Time

The official processing time is 10 working days from the date a complete and valid dossier is received.

Result of Procedure

The outcome is either a written consent for employment (Form No. 04, Appendix I, Circular No. 09/2020/TT-BLDTBXH) or a written rejection detailing the reasons for denial.

Employer Responsibilities

According to Article 12 of Circular 09/2020/TT-BLDTBXH, employers have the following responsibilities:

• Maintain a monitoring log of juvenile labor using Form No. 06 of Appendix I, and update it regularly.
• Respect and solicit the opinions of the minor on issues related to their rights and interests.
• Regularly inspect and supervise the workplace to ensure the minor’s safety.
• Inform the minor and their legal representative if the minor’s health is no longer suitable for the work.
• Fully comply with all current laws on child protection.

>>> CLICK TO DOWNLOAD: Logbook for monitoring the employment of minor workers

Legal Services for the Under 13 Work Permit at Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive legal services for the Under 13 Work Permit procedure. Our services include:

• Detailed consultation on the legal conditions required for the application.
• Advising on the necessary dossier components and the application process.
• Providing step-by-step guidance on executing the procedure.
• Reviewing the legal validity of all documents before submission.
• Drafting and preparing the complete dossier.
• Preparing additional documents as requested by the competent authority.
• Acting as the authorized representative to submit the dossier and monitor its progress.
• Representing the client in meetings with the competent authority.
• Receiving and delivering the final result with a clear explanation of its contents.

Long Phan Consulting Company’s expert team ensures the procedure is completed efficiently and in full compliance with regulations.

>>> See more at: When can an employee unilaterally terminate the labor contract?

Frequently Asked Questions

Common Questions About the Under 13 Work Permit

Are there fees or charges for this procedure?

No. As stipulated in Decision No. 499/QD-BNV, there are no administrative fees or charges for this procedure.

What are the required application forms?

The main forms are:

• Application for employment of a person under 13 (Form No. 01).
• Commitment regarding no history of child abuse (Form No. 02).
• Consent form from the legal representative (Form No. 03). Legal Basis: Decision No. 499/QD-BNV.

What are the working hours for a person under 13?

The working time for a person under 15 must not exceed 04 hours per day and 20 hours per week. Overtime and night work are prohibited. Legal Basis: Article 146, Labor Code 2019.

What is the definition of juvenile labor?

Juvenile labor refers to any employee under 18 years of age. Different age brackets have specific work restrictions as defined by law. Legal Basis: Article 143, Labor Code 2019.

What are potential reasons for an application being denied?

An Under 13 Work Permit application can be rejected for several reasons: an incomplete or invalid dossier, the proposed job is on a prohibited list, working conditions are unsafe, or there is evidence the work will negatively impact the child’s development.

Conclusion

The procedure to obtain an Under 13 Work Permit is a critical legal process that reflects the state’s commitment to protecting juvenile labor. A complete and accurate dossier is essential for timely approval. For expert guidance and efficient execution of this procedure, contact Long Phan Consulting Company at our hotline: 1900636389.