Vietnam: What are the procedures for license revocation in cases the dispatching agency is dissolved?
- Vietnam: If a dispatching agency allows another individual to use its license, will the agency have its license revoked?
- Vietnam: What are the procedures for license revocation in cases the dispatching agency is dissolved?
- What are the responsibilities of dispatching agency in Vietnam when its license is revoked?
Vietnam: If a dispatching agency allows another individual to use its license, will the agency have its license revoked?
Revocation of the license of dispatching agency is regulated in the cases specified in Clause 1, Article 28 of Decree 145/2020/ND-CP.
- A dispatching agency will have its license revoked in the following cases:
+ It wishes to terminate the labor dispatch operation;
+ It is dissolved or declared bankrupt by the court;
+ Any of the conditions specified in Article 21 of Decree 145/2020/ND-CP is not satisfied;
+ It allows another organization or individual to use its license;
+ It dispatches employees to do the works that are not on the list of works permitted for labor dispatch in Appendix II hereof;
+ It forges documents in the application for issuance, renewal or reissuance of the license; falsifies the license; uses a fake license.
Thus, according to the above regulations, if another enterprise, organization or individual uses a labor sublease license, the enterprise's license will be revoked.
Vietnam: What are the procedures for license revocation in cases the dispatching agency is dissolved?
The procedures for license revocation in cases dispatching agency is dissolved are specified in Clause 3, Article 28 of Decree 145/2020/ND-CP as follows:
- The license holder shall submit the application prescribed in Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs of the province where it is headquartered;
- The Department of Labor, War Invalids and Social Affairs shall receive the application, issue a receipt note specifying the date of receipt. Within 10 working days from the receipt of the satisfactory application, the Department of Labor, War Invalids and Social Affairs shall review the effective labor dispatch contracts and request the license holder to provide benefits for the employees in accordance with Article 29 of this Decree, and propose revocation of the license to the President of the People’s Committee of the same province;
- Within 07 working days from the receipt of the proposal from the Department of Labor, War Invalids and Social Affairs, the President of the People’s Committee of the province shall issue a decision on revocation of the license (Form No. 08/PLIII in Appendix III hereof).
In addition, in Clause 4, Article 28 Decree 145/2020/ND-CP also regulates procedures for license revocation in the cases specified in Points c, d, dd and e Clause 1, Article 28 of Decree 145/2020/ND-CP as follows:
- Upon discovery of the events mentioned in Point c, d, dd or e Clause 1 of Article 28 of Decree 145/2020/ND-CP, the Department of Labor, War Invalids and Social Affairs of the province where the license holder is headquartered shall carry out inspection, collect evidence and propose revocation of the license to the President of the People’s Committee of the same province;
- Within 07 working days from the receipt of proposal from the Department of Labor, War Invalids and Social Affairs, the President of the People’s Committee shall issue a decision on revocation of the license;
- Within 03 working days from the receipt of the revocation decision, the license holder shall submit the license to the People’s Committee of the province.
Accordingly, the subleasing enterprise will not be granted a license for a period of 5 years from the date of revocation of the license for violating the contents specified in Points c, d, dd and e, Clause 1, Article 28 of Decree 145/2020/ND-CP
What are the procedures for license revocation in cases the dispatching agency in Vietnam is dissolved?
What are the responsibilities of dispatching agency in Vietnam when its license is revoked?
Responsibilities of dispatching agencies in Vietnam in case of license revocation are specified in Article 29 of Decree 145/2020/ND-CP as follows:
Responsibilities of the dispatching agency when its license is revoked or its application for renewal or reissuance of the license is rejected
Within 15 working days from the receipt of the document of the President of the People’s Committee of the province about rejection of the application for renewal or reissuance of the license or revocation of the license, the dispatching agency shall finalize all ongoing labor dispatch contracts, settle the lawful rights and interests of the dispatched employees and the client enterprises in accordance with labor laws; announce its shutdown on at least one licensed online newspapers for 07 days.
Thus, according to the above regulations, the dispatching agency after its license is revoked must have the following responsibilities:
- finalize all ongoing labor dispatch contracts.
- settle the lawful rights and interests of the dispatched employees and the client enterprises in accordance with labor laws.
- announce its shutdown on at least one licensed online newspapers for 07 days.
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