Hello Lawyer. Currently, I have a legal problem that needs to be answered as follows: I plan to do business in labor export. So what are the conditions for doing business in labor export? When doing this business, what issues should I pay attention to? So, ope to receive an answer from the Lawyer. Thank you!
Thank you for sending us your question. Lawyer X would like to answer your questions as follows:
Legal grounds
– Law on Vietnamese workers working abroad under contract 2006
– Decree 126/2007/ND-CP
– Circular 17/2007/TTLT-BLDTBXH-NHNNVN
Consulting content
About the conditions for doing business in labor export
An organization that fully meets the following conditions may be granted a license to provide labor export services:
About legal capital
According to Decree 126/2007/ND-CP:
Enterprises providing the service of sending workers to work abroad must have legal capital of 5 (five) billion dong.
About the license
Having an operation plan to send workers to work abroad;
Having a specialized apparatus to foster necessary knowledge for workers before going to work abroad and sending workers to work abroad according to regulations of the Ministry of Labor, War Invalids and Social Affairs. . 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 outside;
The leader of the operation of sending workers to work abroad must have a university degree or higher and have at least three years of experience in the field of sending workers to work abroad or operating abroad. in the field of international cooperation and relations;
There is a deposit as prescribed by the Government. The deposit level prescribed by the Government is 1 (one) billion dong.
About the procedure for setting up a labor export company
Organizations wishing to establish a labor export company must follow the following procedures:
Step 1: Prepare documents and submit them to the Department of Planning and Investment
A dossier of the establishment of a labor export company includes the following documents:
– Business registration application form;
– Then, list of members or shareholders of the company (if it is a limited liability company with two or more members or a joint-stock company);
– After that, copies of documents: copy of citizen identification card; Nation ID; passports or other lawful personal identification of members or founding shareholders; besides, a copy of the decision to establish the company; certificate of business registration or other equivalent documents of the organization; a copy of the valid ID card or passport of the legal representative of the organization;
– Other necessary documents (if any);
After that, submit the dossier to the Department of Planning and Investment where the enterprise’s head office is located, within 03 – 05 working days, if the dossier is valid and complete, the Department of Planning and Investment will issue a certificate. business registration.
Step 2: Disclosure of business registration information
After an enterprise is granted an enterprise registration certificate, it must make a public announcement on the National Portal on business registration in order; procedures within 30 days from the date of being made public. So, the contents of the announcement include Contents of the enterprise registration certificate; Business; list of founding shareholders.
Step 3: Engrave the seal and announce the seal sample
Enterprises have the right to decide for themselves on the form; the number and content of the enterprise’s seal. Enterprises can make their seal engraving and notify the seal sample of the Department of Planning and Investment.
After receiving the notice of the seal sample, then the Business Registration Office issues a receipt to the enterprise, publishes the enterprise’s notice on the national business registration portal, and issues notice on the business registration. Download information about the company’s seal template for the business.
Step 4: Apply for a license to operate the service of sending workers to work abroad
After registering for the establishment of an enterprise, the enterprise is not allowed to conduct labor export activities right away but must carry out the procedures for applying for a license to operate the service of sending workers to work abroad.
Enterprises shall apply for a license to provide labor export services at the Department of Overseas Labor Management – Ministry of Labor, War Invalids, and Social Affairs.
Dossiers, procedures, and fees for licensing
Dossier for Licensing
The enterprise’s written application for a license;
Copy of Business Registration Certificate;
Documents proving eligibility for legal capital
The time limit for applying for a License
Thirty days from the date of receipt of complete and valid dossiers
Authorization
The Minister of Labor, War Invalids, and Social Affairs shall consider granting licenses to enterprises after consulting one of the following competent persons:
– Heads of agencies that issue establishment decisions or request the Prime Minister to establish state-owned enterprises;
– Then, persons who make establishment decisions for enterprises of political organizations, socio-political organizations, social organizations, socio-professional organizations;
– Moreover, the Chairman of the Provincial People’s Committee; the city directly under the central government where the enterprise’s head office is located, for enterprises that do not fall into the above two cases.
Please read more
Specific provisions of Vietnamese law on personal income tax when selling houses
Service of setting up a foreign-invested company in Vietnam
Frequently asked questions
Receipt slip: Content clearly stated: contribution of business capital to the company
There are full signatures of relevant individuals such as the signature of the payer, money collector, vote maker, director/general director.
Minutes of cash inventory (count list, currency type)
Capital contribution minutes
According to the general provisions in Clause 17, Article 3 of the Investment Law 2014 is roughly defined as follows:
Foreign-invested economic organization means an economic organization whose foreign investors are members or shareholders.
Thus, according to this regulation, compared with the concept of FDI enterprises according to the English definition, the current Vietnamese law recognizes the activities of foreign investors in our economy in a wide range. (foreign-invested economic organizations) than foreign-invested enterprises.
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