Process of extension of labor subleasing operation license in Vietnam. Authority to extend labor outsourcing license in Vietnam. Let us learn about this topic with LSX law firm as follow:
Process of extension of labor subleasing operation license in Vietnam
Step 1. Before 90 working days from the expiry date of the License; the enterprise directly submits 01 set of dossier as prescribed to the Department of Labor; War Invalids and Social Affairs of the province or city where the enterprise’s headquarter located to request appraisal; and at the same time send 01 above dossier to the Ministry of Labor – Invalids and Social Affairs (Legal Department) to request the extension of the labor subleasing operation license. Upon receipt of the application; The Department of Labor – Invalids and Social Affairs entered the monitoring book and issued a receipt to the enterprise; The receipt must clearly state the date, month, and year of receipt of the dossier; the documents contained in the dossier and the time limit for reply.
Step 2. Within 30 working days (from the date of receipt of complete and valid dossiers); The Department of Labor, War Invalids and Social Affairs appraises the dossier and sends the appraisal results together with 01 copy of the enterprise’s dossier to the Ministry of Labor; War Invalids and Social Affairs (Legal Department).
In case the enterprise’s dossier is incompletely submitted as prescribed; within 03 working days from the date of receipt of the dossier; The Department of Labor, War Invalids and Social Affairs is responsible for notifying the enterprise in writing of the request to supplement the missing documents.
Step 3. Within 20 working days from the date of receipt of the appraisal results from the Department of Labor – Invalids and Social Affairs; the Minister of Labor – Invalids and Social Affairs considers and conducts the (grant) job. License term; In case of refusal, the enterprise shall reply in writing, and at the same time send it to the Department of Labor, War Invalids; and Social Affairs where the dossier is appraised.
Authority to extend labor subleasing operation license in Vietnam
The Minister of Labor, War Invalids, and Social Affairs shall extend or revoke the License for Labor Outsourcing.
The lessor shall send a dossier to the Ministry of Labor, War Invalids, and Social Affairs to request the grant, re-grant, or extension of a labor outsourcing license.
Then, the Minister of Labor, War Invalids and Social Affairs shall base on the regulations to decide on the extension of the labor subleasing operation license within 30 working days in the case of a new grant; 20 working days for cases of re-issuance and extension, from the date of receipt of complete and valid dossiers.
In case of failure to renew the license for labor outsourcing; the Minister of Labor, War Invalids, and Social Affairs shall reply in writing and clearly state the reason.
- Time limit for carrying out procedures
At least 90 working days from the date the agency competent to grant the license extension receives a valid application
- Term of operation license for labor outsourcing
The license for the outsourcing operation is valid for a maximum period of not more than 36 months.
In case of extension of the labor outsourcing license, the time limit shall not exceed 24 months; the number of renewals must not exceed 02 times.
The re-granted labor outsourcing license is valid for a period not exceeding the duration of the previously issued License.
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Full name of the foreign worker (foreign worker) Date of birth Nationality and passport number Qualification The agency where the foreign worker is working Job position (position) License period: up to 2 years License size: same as A4 .
Work permit: A work permit is proof that the foreign worker is eligible to work legally in Vietnam. This is a type of document issued by Vietnamese competent authorities to foreign workers when they are eligible to work in Vietnam. That is, the work permit will prove that the licensee is protected by Vietnamese law under Vietnam’s labor law and that their legal rights are properly protected.