Procedures for revocation of labor outsourcing license in Vietnam

Procedures for revocation of labor outsourcing license in Vietnam. When to revoke the labor outsourcing license in Vietnam? Let us learn about this topic with LSX law firm as follow:

When to revoke the labor outsourcing license in Vietnam?

According to the provisions of Clause 1, Article 12 of Decree 29/2019/ND-CP; an enterprise’s license shall be revoked in the following cases:

First, terminate the labor outsourcing operation at the request of the enterprise;

Secondly, the enterprise, dissolved or declared bankrupt by the Court;

Thirdly, fail to meet one of the conditions specified in Article 5 of this Decree;

In addition, for other businesses, organizations, and individuals to use the license;

Furthermore, outsourcing labor to perform jobs that are not on the list of jobs; performed for outsourcing specified in Appendix I issued together with this Decree;

In addition, being sanctioned for administrative violations in the field of labor outsourcing from 03 times within a maximum period of 36 months from the date of the first sanction;

Finally, the enterprise has acts of forging documents in the application file for granting; renewing, or re-granting a license or erasing or correcting the content of the license that has been granted or using a fake license;

Also, other cases as required by the Court.

Procedures for revocation of labor outsourcing license in Vietnam

In the case of withdrawal at Points a and b, Clause 1, Article 12 of Decree 29/2019/ND-CP; it is “Termination of outsourcing activities at the request of the enterprise”; or “The dissolved enterprise or The court has issued a decision declaring bankruptcy”. ThePeople’sPeople’sPeople’sPeople’sPeople’senterprise’s enterprise needs to carry out the procedure for revoking the labor outsourcing license.

Specifically, the order of execution of the above procedure is as follows:

Step 1: Prepare the application for revocation of the license.

A dossier of request for license revocation for the cases specified at Points a and b; Clause 1 of this Article, includes:

A written request for license revocation, made according to Form No. 03 set in Appendix II issued together with Decree 29/2019/ND-CP;

A license has been granted;

Report on the labor outsourcing activities of the enterprise according to Form No. 09 specified in Appendix II issued together with Decree 29/2019/ND-CP.

Enterprises send 01 (one) set of dossiers as prescribed to the Departenterprise’s or; War Invalids and Social Affairs where the enterprise’s head office is located. 

Step 2: Process the file

The Department of Labor, War Invalids, and Social Affairs receives the application; checks it, and issues a receipt clearly stating the date, month, and year of receipt of the complete application. Within 10 working days; from the date of receipt of the enterprise’s complete application for revocation of the license; the Department of Labor, War Invalids and Social Affairs shall check and review the valid labor subleasing contracts of the enterprise; and submit it to the President of the People’s Committee of the province to revoke the license;

Within 07 working days after receiving the dossier submitted by the Department of Labor; War Invalids, and Social Affairs, the President of the provincial People’s Committee shall revoke the permit. The decision to revoke the license is made according to Form No. 06 specified in Appendix II issued together with Decree 29/2019/ND-CP. 

Step 3: Get the result. 

Procedures for revocation of labor subleasing operation license in Vietnam due to unsatisfactory business conditions or violations

Order and procedures for revocation of licenses for the cases specified at Points c; d, dd, e, g and h, Clause 1, Article 12 of Decree No. 29/2019/ND-CP (revoking operating licenses outsourcing labor due to failure to ensure business conditions, or due to violations) shall do the following:

First, when detecting the leasing enterprise falls into the cases specified at Points c, d, dd, e, g and h; Clause 1, Article 12 of Decree 29/2019/ND-CP, the Department of Labor – Invalids and The society shall examine and collect relevant evidence and submit it to the President of the People’s Committee of the province to revoke the license;

Then, within 07 working days from the date of receiving the dossier submitted by the Department of Labor – Invalids and Social Affairs; the Chairman of the provincial People’s Committee shall decide to revoke the license of the enterprise;

Within 03 working days from the date of receipt of the decision on revocation of the license; the leasing enterprise shall return the license to the provincial People’s Committee.

Besides, the enterprise shall not be granted a license within 5 years from the date of its license being revoked in the case of license revocation specified at Points c, d, dd, e, g and h, Clause 1. Article 12 of Decree 29/2019/ND-CP.

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