Vietnam: What are the conditions for enterprises that are granted licenses to operate services to send employees to work abroad?
- What conditions do enterprises that are granted licenses to operate services to send employees to work abroad need to meet in Vietnam?
- What conditions must the legal representative and employees of the service enterprise sending employees to work abroad under the contract meet in Vietnam?
- What are the services of sending Vietnamese workers to work abroad under contracts in Vietnam?
- What are the licenses for sending Vietnamese workers to work abroad under contracts in Vietnam?
What conditions do enterprises that are granted licenses to operate services to send employees to work abroad need to meet in Vietnam?
Pursuant to Clause 1, Article 10 of the Law on Vietnamese employees working abroad under contracts in 2020, the conditions for enterprises to be granted licenses for service activities to send Vietnamese workers to work abroad under contracts are as follows:
- has at least VND 5 billion of charter capital; has owners, members and shareholders who are domestic investors according to Law on Investment; and
- has made deposit payments according to Article 24 of this Law; and
- has Vietnamese nationals as legal representatives with at least higher education level and at least 5 years of experience in providing Vietnamese guest worker service or employment services; is not criminally prosecuted; has no criminal records regarding violation to national security, charges that violate life, health, self-esteem or dignity of human beings, fraudulence for appropriation, credibility abuse for appropriation, false advertisement, manipulating customers, organizing or allowing other individuals to migrate or stay in Vietnam illegally, organizing or allowing other individuals to travel abroad or stay abroad illegally, forcing other individuals to travel abroad or stay abroad illegally;
- has adequate number of professional employees to implement provisions of Article 9 of this Law;
- has adequate facilities of enterprises or is continuously hired by enterprises to satisfy orientation education for - has a web page.
Vietnam: What are the conditions for enterprises that are granted licenses to operate services to send employees to work abroad?
What conditions must the legal representative and employees of the service enterprise sending employees to work abroad under the contract meet in Vietnam?
Legal representatives:
Pursuant to Point c, Clause 1, Article 10 of the Law on Vietnamese employees going to work abroad under contracts in 2020, the legal representative of a service enterprise sending Vietnamese workers to work abroad under the contract must have the following conditions:
- University degree or higher and at least 05 years of experience in the field of sending Vietnamese workers to work abroad under contracts or employment services;
- Not subject to criminal prosecution;
- No conviction for one of the crimes of violating national security, crimes of infringing on human life, health, dignity, honor, fraud and misappropriation of property, crime of misappropriation of assets, crime of false advertising, crime of deceiving customers, the crime of organizing or brokering for others to illegally exit, enter or stay in Vietnam, the crime of organizing or brokering for others to flee abroad or stay abroad illegally, the crime of forcing others to flee abroad or stay abroad illegally.
Professional staff
Pursuant to Article 4 of Decree 112/2021/ND-CP stipulating conditions for professional employees of service enterprises to send Vietnamese employees to work abroad under contracts as follows:
An enterprise must have at least 01 professional staff responsible for implementing and meeting one of the following standards:
- Graduated with a college degree or higher in the field of law, humanities, social services, social and behavioral sciences or business and management;
- Graduated from a college degree or higher not in the field of law, humanities, social services, social and behavioral sciences or business and management; and have at least 02 years of experience in sending Vietnamese workers to work abroad under contracts.
What are the services of sending Vietnamese workers to work abroad under contracts in Vietnam?
Pursuant to Article 9 of the Law on Vietnamese employees working abroad under contracts in 2020, the contents of service activities sending Vietnamese workers to work abroad under the contract are as follows:
- Signing and executing contracts and agreements related to provision of Vietnamese guest workers.
- Searching and developing overseas labor market; providing information, advertisement and advice regarding overseas employment opportunity.
- Preparing workforce and recruiting workers.
- Organizing craft improvement, foreign languages and orientation education for workers before working abroad.
- Managing workers; protecting rights and legal benefits of guest workers.
- Executing policies for guest workers.
- Liquidating contracts for Vietnamese guest worker service provision.
- Providing employment for repatriating workers.
Note: For each content of enterprise activities, there must be at least 01 professional staff responsible for the implementation
What are the licenses for sending Vietnamese workers to work abroad under contracts in Vietnam?
Pursuant to Article 11 of the Law on Vietnamese employees working abroad under contracts 2020, the contents of service operation licenses for sending Vietnamese workers to work abroad under contracts are as follows:
- License No. and date of issue;
- Enterprise name;
- Enterprise ID number;
- Head office address;
- Phone number;
- Web page address.
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