Thông tư 10/2013/TT-BLĐTBXH danh mục công việc nơi làm việc cấm dùng lao động chưa thành niên

CIRCULAR

PROMULGATING THE LISTS OF JOBS AND WORKPLACES IN WHICH THE EMPLOYMENT OF MINOR PERSONS IS PROHIBITED

Pursuant to the June 18, 2012 Labor Code;

Pursuant to the Government’s Decree No. 106/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of thể thao Ministry of Labor, War Invalids and Social Affairs;

At the proposal of the director of the Occupational Safety Department, The Minister of Labor, War Invalids and Social Affairs promulgates the Circular to provide the lists of jobs and workplaces in which the employment of minor persons is prohibited.

Article 1.

1. To promulgate together with this Circular the lists of jobs and workplaces in which the employment of minor persons is prohibited.

2. This Circular applies to all enterprises, agencies, organizations, cooperatives, households and individuals that hire or employ persons under labor contracts (below collectively referred to as employers).

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1. Employers shall review jobs which minor persons are doing and workplaces in which minor persons are working, and may not assign minor persons to do jobs or work in the places specified in the lists promulgated together with this Circular.

2. Provincial-level Departments of Labor, War Invalids and Social Affairs shall:

a/ Coordinate with provincial-level Health Departments and Labor Federations in regularly urging, examining and supervising the implementation of this Circular;

b/ Enhance inspection to detect and promptly handle violations of regulations on employment of minor persons;

c/ Annually summarize and report on the implementation of this Circular and report on occupational safety and hygiene in their localities to the Ministry of Labor, War Invalids and Social Affairs.

Article 3.

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

2. To annul Joint Circular No. 09/TT-LB of April 13, 1995, of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, stipulating hazardous working conditions and jobs in which the employment of minor persons is prohibited.

3. Any difficulties or problems arising in the process of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration and settlement.

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FOR THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
DEPUTY MINISTER




Bui Hong Linh

LISTS

OF JOBS AND WORKPLACES IN WHICH THE EMPLOYMENT OF MINOR PERSONS IS PROHIBITED
(Promulgated together with Circular No. 10/2013/TT-BLDTBXH of June 10, 2013, of the Minister of Labor, War Invalids and Social Affairs)

I. List of workplaces

In addition to the workplaces specified at Points a, b, c and d, Clause 2, Article 165 of the 2012 Labor Code, the employment of minor persons is prohibited in the workplaces specified in Clause 1, Article 163, and at Point dd, Clause 2, Article 165, as follows:

1. Being in contact with working environment elements not up to hygiene regulations and standards prescribed by current law, such as electromagnatic field, vibration, noise, temperature, silica dust, dust not containing silica, cotton dust or asbestos dust;

2. Being in contact with radioactive substances and rays; suffering radiation by X-ray and other harmful rays not up to current hygiene regulations and standards prescribed by law;

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4. Working for over 4 hours a day in an uncomfortable and narrow space, which sometimes requires laborers to go on their knees, lie or stoop;

5. Working on high scaffolds or ropes hung over 3 meters higher than the working floor; working on hills and mountains with a steepness of over 30o.

II. List of jobs

In addition to the workplaces specified in Clause 4, Article 163, and at Points a, b, c, d, dd and e, Clause 1, Article 165, of the 2012 Labor Code, the employment of minor persons is prohibited to do the jobs specified in Clause 1, Article 163, and at Point g, Clause 2, Article 165, as follows:

No.

Job title

Characteristics of working conditions of the job

1

Directly boiling, pouring and transporting molten metals, removing molds and cleaning products cast at foundries

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- Steel refining drifts

- Steel refining convertors

- Kilns

- Pig iron blast furnaces

Heavy work, directly affected by heat, noise and vibration in excess of permissible standards

2

Rolling hot metal

Heavy work, directly affected by heat, noise and vibration in excess of prescribed standards

3

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Constantly affected by noise, dust and toxic gas in excess of prescribed standards

4

Firing and pouring out coke from ovens

Being affected by heat, dust, noise, CO and CO₂ in excess of prescribed standards

5

Firing boilers for steam engines

Being affected by heat, dust, noise and toxic gas in excess of prescribed standards

6

Operating steam boilers

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7

Operating systems to prepare and load acetylene, oxygen, hydrogen, chlorine and liquefied gases

Extremely dangerous work in contact with toxic gas in excess of prescribed standards

8

Operating cooling systems (ice making and refrigerating)

Heavy work, working in an uncomfortable posture and a cold environment

9

Operating steam, compressed air or electricity-operated machines for forging, pressing, hammering and cutting metal

Heavy work, very hot, affected by heat radiation, CO, CO₂, SO₂ concentrations and noise in excess of prescribed standards

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Assembling, repairing and cleaning molds of metal forging, pressing, hammering and cutting machines (steam, compressed air, electricity or mechanically operated)

Heavy work in constant contact with noise in excess of prescribed standards

11

Welding in closed containers, welding in positions which are over 5 meters higher than the working floor

Heavy work in high and dangerous working places with difficult working posture

12

Collecting wastes from industrial alcohol production

Heavy work, being affected by noise, dust and toxic gas in excess of prescribed standards

13

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Uncomfortable working posture, being affected by heat and lead fume

14

Founding copper and aluminum

Heavy work, being directly affected by heat, noise and vibration in excess of prescribed standards

15

Operating fabric- and yarn-starching machines

Standing and moving over 7 km per 8 working hours; being affected by cotton dust and noise in excess of prescribed standards

16

Dyeing and dry-cleaning fabric and yarn

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17

Storekeepers and assistants of chemical or dye warehouses

Being in contact with toxic chemicals, humid and hot working environment

18

Digging mining pits

Heavy work, narrow and humid workplace lacking oxygen

19

Working in pits or holes of over 5 meters deep

Heavy work, narrow and humid workplace lacking oxygen

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Mining for rock, manually breaking and removing rock on the mountains

Manual, heavy and dangerous work

21

Directly feeding materials into stone- grinding machines and working with stone-grinding machines

Heavy work, being affected by dust and noise in excess of prescribed standards

22

Screening lead ore

Being affected by lead dust and noise in excess of prescribed standards

23

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Being affected by noise, vibration and dust in excess of prescribed standards

24

Sifting and sorting gold, ores and ruby

Manual, very heavy and dangerous work, being affected by dust and vibration in excess of prescribed standards

25

Manually digging up stumps of over 40 cm in diameter

Very heavy work, uncomfortable working posture

26

Manually sawing logs by two persons (only girls are prohibited)

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27

Cutting down trees of at least 35 cm in diameter, manually sawing and cutting tree branches, and pruning off branches high above the ground

Heavy work, high and dangerous working places

28

Carrying big logs, levering and loading unloading logs of at least 35 cm in diameter manually, with wooden chutes or wooden slides

Working outdoors on hills and mountains (with a steepness of 10o-15o), hard and dangerous work

29

Salvaging for sunk logs, pulling logs in docks, pulling logs ashore

Working outdoors on a river or stream; manual, heavy and very dangerous work

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Operating rafts on a river with many cascades

Working outdoors on a river or stream; manual, heavy and very dangerous work

31

Driving farm tractors

Uncomfortable working posture, being affected by noise, vibration and dust in excess of prescribed standards

32

Collecting natural swallow bird’s nests; collecting bat guano

Working in remote islands; heavy and very dangerous work

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Heavy work in narrow and humid workplace, being affected by noise in excess of prescribed standards

34

Operating plane machines in carpentry

Heavy work in narrow and humid workplace, being affected by noise in excess of prescribed standards

35

Directly raising wild beasts or venomous animals

Heavy and dangerous work

36

Preliminarily processing bamboo, rattan and sedge

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37

Firing brick kilns and lime kilns, manually slaking lime

Heavy and dangerous work, being affected by great heat

38

Processing brine fish, shrimp paste, condensed fish sauce, fish sauce, and dried aquatic and marine products

Heavy work, being affected by great heat

39

Processing green coffee for export

Heavy work, being affected by great heat

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Working alone along railway tracks, in mountain tunnels, in underground works, in places in which laborers cannot see farther than 400 m, or in areas very difficult to access

Outdoor, heavy manual work, affected by dust in excess of prescribed standards

41

Moving, coupling and uncoupling train carriages in workshops or on railway tracks

Outdoor, heavy and dangerous work

42

Operating vehicles with engines of a cylinder capacity of 50 cm3 or more

Heavy and dangerous work, affected by dust, vibration and noise in excess of prescribed standards

43

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Working high above the ground, being affected by vibration and noise in excess of prescribed standards

44

Hooking or tying weights to horizontal cranes, cranes, trolley cranes and electric pulleys

Heavy and dangerous work

45

Operating construction machines (such as excavators, bulldozers, leveling machines, drilling machines, pile drivers, crawler vehicles)

Heavy work, uncomfortable working posture, being affected by dust, noise and vibration in excess of prescribed standards

46

Operating dredgers

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47

Surveying river ways

Outdoor, heavy and mobile work, being affected by dust in excess of prescribed standards

48

Underwater concreting

Working on a river, very heavy work, being affected by noise in excess of prescribed standards

49

Divers

Very heavy and dangerous work, uncomfortable working posture, being affected by high pressure

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Working on seagoing ships

Working at sea, suffering pressure of sea waves, noise and vibration in excess of prescribed standards

51

Working on aircraft

Dangerous work, suffering mental and psychological tension, being affected by noise and vibration in excess of prescribed standards, and being regularly affected by temperature and pressure changes

52

Air traffic technicians and air traffic safety electronics technicians

Suffering mental and psychological tension

53

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Dangerous work, suffering mental and psychological tension

54

Installing drilling platforms

Outdoor, very heavy and dangerous work, being affected by noise, vibration and toxic chemicals in excess of prescribed standards and being constantly affected by waves and wind

55

Working on offshore drilling platforms

Outdoor, very heavy and dangerous work, being affected by noise, vibration and toxic chemicals in excess of prescribed standards and being constantly affected by waves and wind

56

Exploratory drilling of oil and gas wells

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57

Exploratory drilling, blast drilling

Heavy and dangerous work, being affected by noise, dust and NO₂ in excess of prescribed standards

58

Working in tobacco fermentation furnaces or cigarette-drying furnaces

Being affected by dust, noise and nicotine in excess of prescribed standards

59

Rolling and pressing large pieces of hard leather

Heavy work, uncomfortable working posture, being in constant contact with heat

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Coating paraffin inside wine tanks

Working in closed and hot cellars, lacking oxygen and having a high concentration of alcohol. Very uncomfortable working posture, manual work

61

Vulcanizing, shaping and loading/unloading large rubber products such as fuel containers car ires

Being in constant contact with heat, noise, dust and toxic chemicals in excess of prescribed standards

62

Working in contact with petrol and oil in caves and tunnels: receiving and delivering, preserving and operating petrol and oil pumps and measuring machines

Working in dark tunnels, being in constant contact with toxic chemicals in excess of prescribed standards; facing danger during taking samples in the field

63

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Being affected by heat and dust in excess of prescribed standards

64

Igniting oil-fired machines which consume 400 liters/hours or more

Heavy work in contact with heat and oil

65

Building hulls (of wooden or iron ships) which requires laborers to carry or fix weights of 20 kg or more

Heavy and dangerous work

66

Manufacturing, using and transporting dangerous products like explosives, flammable substances, oxidized substances, gas, gunpowder, ammunition, and artillery pieces which may cause explosion or fire

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67

Operating garbage incinerators and wastewater treatment systems

Heavy work, constantly working in an environment be polluted in excess of prescribed standards

68

Making and bleaching paper pulp with chlorine

Being in contact with chlorine and heat

69

Installing and repairing electric lines in underground tunnels or on open- air posts, installing high-voltage electric lines and pylons

Outdoor, heavy and dangerous work, being affected by electromagnetic field, noise and dust in excess of prescribed standards

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Installing and repairing underground and overhead cables of communication and electric lines

Outdoor heavy work, being affected by electromagnetic field, noise and dust in excess of prescribed standards

71

Operating and watching low-, medium- and high-voltage stations

Complex work, moving a lot (over 7 km per 8 working hours), being affected by noise and dust in excess of prescribed standards

72

Examining, repairing and handling electric circuits of a voltage of 700 V, for direct currents, or of over 220V, for alternating currents, and articles to maintain these electric circuits

Heavy and dangerous work, uncomfortable working posture

73

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Complex work, moving a lot, being affected by electromagnetic field, noise and dust in excess of prescribed standards

74

Repairing furnaces, containers and closed towers and pipelines in chemical production

Working in narrow place, heavy work, uncomfortable working posture, being affected by great heat and strongly toxic chemicals

75

Working in contact with organic solvents such as soaking sleepers, spreading emulsion on photographic paper, printing flowers on thin films, printing labels on thin coated paper, rolling and pressing phenolic resin, and operating phenol-adhesive multi- capacitor boilers

Difficult working conditions, being affected by heat and strongly and dangerously toxic chemicals

76

Working in direct contact with chemicals causing gene mutation

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- Benzene

Being in contact with gene-modifying chemicals

77

Working in direct contact with chemicals causing long-term harms to reproductive health (such as testicular or ovary deficiency)

- Estrogen

- Cis-retinoic acid

- Carbaryl

- Dibromo chloropropane (DBCP)

- Toluenediamine and dinitrotoluene

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- Polybromide biphenyl (PBBs)

Being in contact with chemicals causing harms to reproductive health

78

Working in direct contact (producing, packaging, preparing, spraying warehouse disinfectants) with pesticides, herbicides, termiticides, rodenticides and mosquito killing drugs containing organic chloride and some cancer-causing chemicals below:

- 1.4 butanediol, dimethanesulfonate;

- 4 aminobiphenyl;

- Amosite, chrysotile and crocidolit asbestoses;

- Arsenic, calcium arsenate;

- Dioxin;

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- Insoluble chromate salts;

- Coal tar, coal tar vapor;

- Cyclophosphamide;

- Diethylsilboestol;

- 2, Naphthylamine;

- N, N - di (Cloroetyl). 2. Naphtylamin;

- Thori dioxide;

- Theosulfane;

- Vinyl chloral, chloride;

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- Mercury, mercury methyl compounds, methyl mercury chloride;

- Nitrogen pentoxide;

- 2,3,7,8 tetrachloral dibenzene furance;

- 2- alphaphenyl-beta axetyletyl;

- Axety salicylic acid;

- Asparagine;

- Benomyl;

- Boric acid;

- Cafein;

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- Direct blue-1;

- Formamide;

- Hydrocortisone, hydro-cortisone acetate;

- Iodine (metal);

- Lead, lead acetate, lead nitrate (being in contact with petrol, paint and printing ink containing lead, manufacture of batteries, lead welding);

- Mercaptopurine;

- Potassium bromide, potassium iodide;

- Propylthiouracil;

- Ribavirine;

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- Tetramethyl thiuram disulfide;

- Triamcinolone acetonide;

- Triton WR-1339;

- Trypan blue;

- Valproic acid;

- Vincristine sulfate;

- Vinazol aerosol.

Being affected by noise, vibration and chemicals in excess of prescribed standards

79

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- Carbon oxide (CO): operating furnaces generating coal gas and discharging slag;

- Dyes of aniline, cylidine, toluidine and auramine origin;

- Cyanide compounds (-CN-);

- Phosphorus and P₂O₅, P₂S₅, PCI₃ and H₃P compounds;

- Trinitrotoluene (TNT);

- Manganese dioxide (MnO₂);

- Phosgene (COCI₂);

- Disulfide carbon (CS₂);

- Nitrogen oxide and nitric acid;

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- Calcium carbide (CaC₂) as in operating open calcium carbide furnaces, discharging slag

Being in direct contact with toxic chemicals

80

Working in direct contact with habit- forming chemicals and their preparations, such as preparing pharmaceuticals composed of morphine, ephedrine or seduxen

Being affected by noise, vibration and chemicals in excess of prescribed standards

81

Working in sunk tanks

Heavy work, uncomfortable working posture, lacking oxygen

82

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Manual and very heavy work, uncomfortable working posture in constant contact with wastes and toxic chemicals in excess of prescribed standards

83

Producing golden phosphorus

Being in contact with gene-modifying chemicals

84

Working in crematoria or slaughter houses

Very heavy and hazardous work, suffering mental and psychological tension

85

Conducting autopsy, shrouding and burying dead persons, exhuming and moving remains to other places

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86

Working in prisons or mental hospitals

Working in a environment highly prone to infection and suffering mental and psychological tension

87

Collecting or classifying garbage, wastes or scraps

Working in a hazardous environment in contact with harmful microorganisms

88

Being in daily contact with anesthetics, working in recovery and emergency departments, infection prevention and control departments, contagious diseases departments of health establishments, blood transfusion centers, or vaccine production establishments, participating in eliminating epidemic hotbeds, or working in shortwave and ultrasound wave therapy centers

Working in a environment highly prone to infection and suffering mental and psychological tension

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Working on scaffolds or beams which are over 3 m higher than the working floor and the like

Outdoor heavy and dangerous work

90

Installing, dismantling or changing scaffolds (except assistants working on the ground or floor)

Outdoor heavy and dangerous work

91

Carrying or lifting weights beyond the physical strength of minor persons

Classification

Regular work (carrying or lifting weights in kg)

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Male

Female

Male

Female

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≥ 15

≥ 12

≥ 10

≥ 8

From 16 years (192 months) old to under 18 years (216 months) old

≥ 30

≥ 25

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≥ 15