Can foreigners provide the service of sending workers to work abroad? Conditions for providing the service of sending workers to work abroad. Let us learn about this topic with LSX law firm as follow:
Hello lawyer, I am Japanese, have lived and worked in Vietnam for 3 years; I need a lawyer to advise on the following case. Currently, there is a great demand for Vietnamese to study and work in Japan. I want to know if I can do business in sending Vietnamese people to work in Japan? How does the licensing process work?
Conditions for providing the service of sending workers to work abroad:
Article 6 of Decree 38/2020/ND-CP detailing the implementation of a number of articles of the Law on Vietnamese workers working abroad under contracts with regulations on business type and legal capital conditions as follows:
“Enterprise providing services of sending workers to work abroad (hereinafter referred to as service enterprises); is a limited liability company, a joint stock company and a partnership established and operating under the Enterprise Law; meet the following capital conditions:
The legal capital is not less than 5,000,000,000 VND (five billion Vietnam Dong).
There are owners, all members, shareholders who are domestic investors in accordance with the Law on Investment.”
Clause 15, Article 3 of the Investment Law 2014 also stipulates the concept of domestic investor:
“Domestic investor is an individual with Vietnamese nationality; economic organizations that do not have foreign investors as members or shareholders.”
So, in case you are a foreign national; you are not eligible to do business in the service of sending workers to work abroad.
The process of applying for a license to operate a service business of sending workers to work abroad:
License conditions for applying for a license to operate a service business of sending workers to work abroad:
Pursuant to Article 9 of the Law on Vietnamese laborers working abroad under contract 2006; enterprises with legal capital as prescribed and fully meeting the following conditions shall be granted a license:
Firstly, there is an operation plan to send workers to work abroad;
Secondly, there is a specialized apparatus to foster necessary knowledge for workers before going to work abroad and to send workers to work abroad according to regulations of the Ministry of Labor – Invalids and Social Affairs. Society. In case an enterprise first participates in sending workers to work abroad, it must have a plan to organize a specialized apparatus to foster necessary knowledge and send workers to work abroad. ;
Thirdly, the leader of the operation of sending workers to work abroad must have a university degree or higher; have at least three years of experience in the field of sending workers to work abroad or operating in the field of international cooperation and relations;
Finally, having a deposit as prescribed by the Government.
Article 11 of Decree 38/2020/ND-CP stipulating the application for a license to provide services for sending workers to work abroad includes:
Firstly, the enterprise’s written request (made according to Form No. 03, Appendix II issued with the Decree)
Secondly, 01 copy of the latest Business Registration Certificate.
Thirdly, documents proving capital conditions
Moreover, 01 original Certificate of deposit payment.
In addition, 01 original copy of the project on sending workers to work abroad.
Furthermore, 01 copy of the certificate of ownership or the contract for renting facilities to organize necessary knowledge training for employees.
Also, documents prove the conditions of the leader operating the operation and professional staff.
Lastly, 01 copy of the Company’s Charter.
Procedures and fees for licensing: (Article 10 of the Law on Vietnamese workers working abroad under contract 2006)
Step 1: The employee submits a complete application according to Section 2.2 above at the Department of Overseas Labor under the Ministry of Labor; War Invalids and Social Affairs.
Step 2: The Ministry of Labor; According to War Invalids and Social Affairs considers issuing the permit within 30 days from the date of receiving the valid application.
In case of refusal to issue a License, the Minister of Labor, War Invalids, and Social Affairs must reply and clearly state the reasons in writing to the enterprise.
Step 3: The enterprise receives the license and pays the fee at the time of receiving the license.
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Related questions
By law, a foreigner or alien is a person who lives in the territory of a country but is not a citizen of that country. Although definitions and terms differ to some extent depending on the continent or region of the Earth.
Foreigners may fall into one of the following cases: A foreigner is allowed to stay in a country that is foreign to him or her. A foreigner has the right to stay temporarily or permanently in a country (which is foreign to him).
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