Business conditions and procedures for licensing labor export in Vietnam
Labor export is not a strange activity in Vietnam. According to the law, this activity called “service sending workers to work abroad”. The service of sending workers to work abroad is a conditional business line. So, in order to do business in labor export services, what conditions met? What is the licensing procedure? Find out through the article below. LSX Lawfirm will give you an article about: “Business conditions and procedures for licensing labor export in Vietnam”, as follows:
Legal grounds
Law on Vietnamese workers going to work abroad under contract 2020
Forms of Vietnamese workers working abroad under contracts
According to Article 5 of the Law on Vietnamese employees working abroad under contract 2020, there are forms of Vietnamese workers working abroad under contracts as follows:
- Contracts of sending Vietnamese workers to work abroad signed with non-business units to implement international agreements.
- A written contract or agreement on sending Vietnamese workers to work abroad signed with the following enterprises, organizations and individuals:
- Vietnamese enterprises provide services of sending Vietnamese workers to work abroad under contracts;
- Vietnamese enterprises win contracts or receive contracts for works and projects abroad;
- Then Vietnamese enterprises send Vietnamese workers abroad to train and improve professional qualifications and skills;
- Vietnamese organizations and individuals investing abroad.
- Labor contract signed by the Vietnamese employee directly with the overseas employer.
Conditions for granting a license to operate the service of sending Vietnamese workers to work abroad under a contract
So, Service activities of sending Vietnamese workers to work abroad under contracts (labor export) are conditional business lines and investment lines and only performed by Vietnamese enterprises with operating licenses. providing services for sending Vietnamese workers to work abroad under contracts issued by the Minister of Labor, War Invalids and Social Affairs.
According to Article 10 of the Law on Vietnamese workers going to work abroad under contract 2020 Enterprises granted a license to provide services to send Vietnamese workers to work abroad under a contract when all conditions satisfied.
The following:
- Having a charter capital of 05 billion VND or more; whose owners, all members and shareholders are domestic investors in accordance with the Law on Investment;
- Having made a deposit as prescribed in Article 24 of the Law on Vietnamese Laborers working abroad under the contract;
- Having a legal representative who is a Vietnamese citizen, having a university degree or higher and having at least 5 years of experience in the field of sending Vietnamese workers to work abroad under contracts or services. job; are not subject to criminal prosecution; have no previous convictions for one of the crimes of infringing upon national security, then crimes of infringing upon human life, health, dignity and honor, fraud, appropriation of property, crime of abusing trust and appropriation. property, false advertising, deceiving customers, organizing or brokering for others to illegally exit, enter or stay in Vietnam, organize or broker for others to escape abroad or illegally staying abroad, the crime of forcing other people to flee abroad or stay abroad illegally;
- So, having a sufficient number of professional staff to perform the contents specified in Article 9 of the Law on Vietnamese Laborers to work abroad under the contract;
- Then Having the facilities of the enterprise or hired by the enterprise stably to meet the requirements of orientation education for Vietnamese workers to work abroad under contracts;
- There is an electronic information page.
Dossiers, procedures and fees for licensing in Vietnam
So, a dossier of application for a license includes:
- The enterprise’s written application for a license;
- A copy of the business registration certificate;
- Proof of meeting the conditions for licensing under section 2
So, where to apply:
Ministry of Labor – Invalids and Social Affairs
So, time limit for settlement:
- Within 20 days from the date of receipt of a complete and valid application, the Minister of Labor, War Invalids and Social Affairs shall consider and grant a license to the enterprise;
- In case the License is not granted, a written reply must be given clearly stating the reason.
Fee: 5,000,000 million (five million dong)
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Related questions
Technical worker means a person who has been trained in a technical or other specialized discipline for at least 1 year and has worked for at least 3 years in the trained specialty.
Intra-enterprise foreign workers are managers, executives, experts and technical workers of a foreign enterprise that has established a commercial presence in the Vietnamese territory, moves temporarily within the enterprise to have a commercial presence in the Vietnamese territory and have been employed by the foreign enterprise for at least 12 months before.
Experts are foreign workers in one of the following cases:
a) Having a written certification of being an expert of an overseas agency, organization or enterprise;
b) Possessing a university degree or higher or equivalent and having at least 03 years of working experience in a specialized field of training suitable to the job position in which the foreign worker is expected to work in Vietnam; special cases shall be considered and decided by the Prime Minister.
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