Conditions for extension of labor subleasing operation license in Vietnam. How to prepare documents for Extension of labor subleasing operation license? Let us learn about this topic with LSX law firm as follow:
Labor subleasing definition in Vietnam
Labor subleasing means that the employees have been recruited by an enterprise licensed to operate the labor outsourcing operation; then work for another employer; under the management of the following employer, and still, maintain labor relations with the labor outsourcing enterprise.
Labor outsourcing is a conditional business line and is only performed for specific jobs.
Conditions for extension of labor subleasing operation license
Before preparing for the procedure for extension of labor subleasing operation license, you must know the conditions for the extension of labor subleasing operation license in Vietnam. Enterprises eligible for license renewal must ensure the following provisions:
Firstly, to ensure the same conditions as the new issuance of a labor outsourcing license;
Secondly, not be sanctioned for administrative violations in the field of labor outsourcing activities 02 times or more during the term of the previous license;
Prepare documents for Extension of labor subleasing operation license
The labor outsourcing enterprise prepares 01 documents, including the papers specified in Clause 2, Article 10 of Decree 29/2019/ND-CP. Specifically:
First, the enterprise’s written request for a license extension, made according to Form No. 02 specified in Appendix II issued with this Decree;
A copy of the Certificate of Business Registration as prescribed by law;
Secondly, the certificate of deposit for the outsourcing business, made according to Form No. 05 specified in Appendix II issued with this Decree.
Notably: In case the enterprise requests to extend the license and change the legal representative of the enterprise, the following documents must include:
– A curriculum vitae of the legal representative of the enterprise, made according to Form No. 04 specified in Appendix II to this Decree.
– Also, the criminal record card No. 1 according to the law on the criminal record of the legal representative of the enterprise.
The above documents are issued no more than 06 months before the date of application submission.
In addition, the document proving the working time of the legal representative of the enterprise is one of the following types of documents:
– A certified copy of the original labor contract or work contract of the legal representative of the enterprise;
– A certified true copy of the original appointment decision (for persons working under the appointment system) or the document recognizing the election results (for persons working under the electoral system) of the representative under the enterprise law.
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Finally, hope this article about Conditions for extension of labor subleasing operation license in Vietnam is helpful for you!
Authorized Vietnamese organizations issue work permit to grant foreign workers the right to legally work in Vietnam. So This means a work permit will prove that its owner is protected by Vietnam’s Labor law.
According to article 15 Decree 152/2020/ NĐ-CP, the duration of a reissued work permit is equal to the duration of the original work permit minus the time the foreign worker had worked in Vietnam until they requested a reissue of the work permit.