Process of re-issuance of labor subleasing operation license in Vietnam. Dossier of application for re-issuance of a labor subleasing operation license in Vietnam. Let us learn about this topic with LSX law firm as follow:
Dossier of application for re-issuance of a labor subleasing operation license in Vietnam
Dossier of application for re-issuance of a labor subleasing operation license in Vietnam is as follows:
Firstly, a written request for re-issuance of the labor subleasing operation license, made according to Form No. 02 specified in Appendix II issued together with Decree 29/2019/ND-CP;
Secondly, the document specified in Clause 2, Article 8 of Decree 29/2019/ND-CP; in case of change of business name, head office address; or damaged license without complete information on the labor subleasing operation license: A copy of the certificate of business registration as prescribed by law.
Thirdly, documents specified in Clauses 2, 3, 4, and 5; Article 8 of Decree 29/2019/ND-CP in case the enterprise changes its legal representative:
– A copy of the business registration certificate as prescribed by law;
– A curriculum vitae of the legal representative of a foreign company, made according to Form No. 04 specified in Appendix II to this Decree.
Judicial record card No. 1 according to the provisions of the law on the judicial record of the enterprise’s legal representative. 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 substitute by a judicial record card or written certification of the employee. The foreign worker is not a criminal or is prosecuted for penal liability by a foreign country.
Besides, the documents specified in Clauses 2, 3, 4, 5 and 6; Article 8 of this Decree and the written certification of the loss or fire of the local government where the incident occurred; in the case of lost or burned license:
Licenses have been previously issued for the first and second cases.
Process of re-issuance of labor subleasing operation license in Vietnam
Re-issuance of labor subleasing operation license in Vietnam, an enterprise needs to take the following steps:
Step 1: Submit application for re-issuance of labor subleasing operation license
The enterprise shall send a set of dossiers as prescribed to the Department of Labor, War Invalids; and Social Affairs of the province or centrally run city (after this referred to as the Department of Labor; War Invalids and Social Affairs) where the enterprise is located; to apply for license renewal.
Step 2: Process the file for re-issuance of labor subleasing operation 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 dossier, the Department of Labor, War Invalids; and Social Affairs shall verify and submit it to the Chairman of the provincial People’s Committee for granting a license to operate the labor subleasing operation for businesses.
In case the dossier is not as prescribed, within 10 working days from receiving the dossier, the Department of Labor; War Invalids, and Social Affairs shall send a written request to the enterprise to complete the dossier.
Step 3: Get the result
Within 07 working days from the date of receiving the dossier submitted by the Department of Labor – Invalids and Social Affairs; the President of the provincial People’s Committee shall consider and grant the labor subleasing operation license to the enterprise; in case the labor subleasing operation license is not granted, the enterprise shall reply in writing; clearly stating the reason for not granting the license.
Note in case of non-licensing:
Presidents of provincial-level People’s Committees shall not grant labor subleasing operation licenses to enterprises in the following cases:
Failing to meet the conditions for licensing as prescribed in Article 5 of Decree 29/2019/ND-CP;
Used a fake license for labor subleasing;
Having a legal representative who used to be the enterprise’s legal representative whose license for outsourcing work has been revoked according to the provisions of Points d, dd, e and g, Clause 1, Article 12 of Decree No. Decree 29/2019/ND-CP for 05 consecutive years before applying for a license for labor outsourcing;
Having a legal representative who used to be the legal representative of an enterprise using a fake license.
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Related questions
According to the provisions of Article 6 of Decree 29/2019/ND-CP: The President of the People’s Committee of the province or city directly under the Central Government (hereinafter referred to as the President of the People’s Committee of the province) where the enterprise’s head office is located has the authority to grant and re-grant licenses to the enterprise.
The enterprise requests the President of the People’s Committee of the province to re-issue the license in the following cases: First, change one of the contents of the granted license, including: business name; head office address; the legal representative of the enterprise; Secondly, the license is lost or burned; Thirdly, the damaged license no longer contains the full information on the license.
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