Procedures for applying labor subleasing operation license in Vietnam. Condition for applying for labor subleasing operation license in Vietnam. Let us learn about this topic with LSX law firm as follow:
Condition for applying for labor subleasing operation license in Vietnam
– For the legal representative of the enterprise performing labor outsourcing activities:
Firstly, being a business manager;
Secondly, no criminal record;
Thirdly, having worked in the field of labor outsourcing; or labor supply for full 03 years (36 months) or more within 05 consecutive years before applying for a permit.
– The enterprise has made a deposit of VND 2,000,000,000 (two billion Vietnam dong) at a commercial bank; or foreign bank branch legally established and operating in Vietnam.
Procedures for applying for labor subleasing operation license in Vietnam
According to the provisions of Article 14, Decree No. 29/2019/ND-CP, “The deposit is used to pay salaries, allowances; social insurance, health insurance, unemployment insurance, insurance occupational accident and occupational disease insurance; or compensate the outsourced worker in case the lessor violates the labor contract with the outsourced worker; or cause damage to the employee due to failure to ensure the legitimate rights and interests of the subcontracted employee.”
The enterprise sends the bank application for opening an escrow account, including:
Firstly, an application form for opening an escrow account;
Secondly, documents proving the establishment of enterprise in accordance with the law;
Thirdly, documents proving the legal representative status of the account holder.
The escrow-receiving bank is responsible for issuing a deposit certificate for the labor subleasing operation after the lessor completes the deposit procedure.
Procedures for applying for a labor subleasing license
*Application for license – (According to Article 8, Decree No. 29/2019/ND-CP)
Firstly, the enterprise’s written request for a license;
Secondly, a copy of the Certificate of Business Registration as prescribed by law;
Thirdly, autobiographical resume of the legal representative of the enterprise;
Fourthly, the number 1 criminal record card according to the law on the criminal record of the legal representative of the enterprise. In case the legal representative is a foreigner who is not eligible for a Vietnamese judicial record card; the judicial record card number 1 shall be replaced by a judicial record card or written certification of the employee. The foreign worker is not a criminal or prosecuted for penal liability by a foreign country.
Note: The above documents are issued no more than 06 months before the application submission date.
Moreover, 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 regime); or a document recognizing the election results (for those working under the electoral system) of the legal representative of the enterprise.
In addition, certificate of escrow for labor subleasing business.
* Licensing procedures
– The enterprise sends a set of this dossier to the Department of Labor, War Invalids and Social Affairs of the province; or centrally run city where the enterprise is headquartered to apply for a license;
– Dossier of application for a license shall be received when all the prescribed papers are available. After receiving the application, the Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date; month and year of receipt of the application.
-Within 20 working days from the date of receipt of the required documents; the Department of Labor, War Invalids and Social Affairs shall verify and submit it to the President of the People’s Committee of the province for granting a license to operate the sublease labor for businesses.
In case the dossier is not as prescribed, within 10 working days from the date of receiving the dossier; the Department of Labor, War Invalids and Social Affairs shall send a written request to the enterprise to complete the dossier.
– Within 07 working days from the date of receiving the dossier submitted by the Department of Labor; War Invalids and Social Affairs; the President of the provincial People’s Committee shall consider and grant the license to the enterprise; in case the license is not granted, the enterprise shall reply in writing; clearly stating the reason for not granting the license.
Besides, when the the license is about to expire, the enterprise must apply for extension of labor subleasing operation license.
When the enterprise doesn’t meet the regulations under the Vietnam law, it will be revoked labor subleasing operation license.
Hope this article about Procedures for applying for labor subleasing operation license in Vietnam is helpful for you!
Labor subleasing permit, also known as labor contract subleasing permit; is a document for the competent authority to grant a labor outsourcing business enterprise.
The term of the license is specified as follows: The maximum license term is 60 months; You can renew the license many times, each extension is for a maximum of 60 months; The renewal license term is equal to the remaining term of the previously issued license.