What are the regulations on labor dispatch license in Vietnam? Who has the authority for issuing the labor dispatch license?
- What are the licensing conditions for labor dispatch license in Vietnam? Who has the authority for issuing the labor dispatch license?
- What are the regulations on labor dispatch license in Vietnam?
- What is the application for issuing the labor dispatch license in Vietnam?What are the procedures for granting licenses?
What are the licensing conditions for labor dispatch license in Vietnam? Who has the authority for issuing the labor dispatch license?
The licensing conditions are specified in Article 21 of Decree 145/2020/ND-CP as follows:
- The legal representative of the dispatching agency shall:
+ be an enterprise executive as prescribed by the Law on Enterprises;
+ not have any criminal conviction;
+ have at least 03 years (36 months) of working in labor dispatch or labor supply in the last 05 years before the application for licensing is submitted.
- The enterprise has paid a deposit of 2.000.000.000 VND (2 billion Vietnam dongs).
The authority for issuing, renewing, reissuing and revoking the labor dispatch license is specified in Article 22 of Decree 145/2020/ND-CP as follows:
The President of the People’s Committee of the province where the dispatching agency is headquartered has the authority to issue, renew, reissue and revoke its license.
What are the regulations on labor dispatch license in Vietnam? Who has the authority for issuing the labor dispatch license?
What are the regulations on labor dispatch license in Vietnam?
The labor dispatch license is specified in Article 23 of Decree 145/2020/ND-CP as follows:
- The labor dispatch license shall be printed on an A4 paper (21 cm x 29,7 cm). The front side of the license has blue pattern on a white background with the national symbol watermark and black border. The back side also has the national emblem and the text GIẤY PHÉP HOẠT DỘNG CHO THUÊ LẠI LAO DỘNG” (“LABOR DISPATCH LICENSE”) on a blue background.
- The content of the labor dispatch license shall comply with Form No 04/PLIII in Appendix III hereof.
- License duration:
+ A license shall be valid for up to 60 months;
+ A license may be renewed multiple times, each renewal must not exceed 60 months;
+ The expiration date of a reissued license is the same as that on the previously issued license.
What is the application for issuing the labor dispatch license in Vietnam?What are the procedures for granting licenses?
The application for licensing is specified in Article 24 of Decree 145/2020/ND-CP as follows:
- The application form No. 05/PLIII in Appendix III of Decree 145/2020/ND-CP.
- The résumé of the dispatching agency’s legal representative according to Form No. 07/PLIII in Appendix III of Decree 145/2020/ND-CP.
- The judicial record form No. 1 of the legal representative. If the legal representative is a foreigner, use the judicial record of his/her home country.
The documents prescribed in this Clause must be issued within 06 months before the application is submitted. Documents in foreign languages must be translated into Vietnam, authenticated and consularly legalized as prescribed by law.
- Documents proving the legal representative’s period of working in labor dispatch or labor supply prescribed in Point c Clause 1 Article 21 of of Decree 145/2020/ND-CP. To be specific:
+ An authenticated copy of the employment contract or decision on employment and designation of the enterprise’s legal representative;
+ An authenticated copy of the decision on designation or election of the legal representative as the case may be or copy of the Certificate of Enterprise Registration.
The documents prescribed in Point a and Point b of this Clause must be translated into Vietnam, authenticated and consularly legalized as prescribed by law if they are written in foreign languages.
- The certificate of deposit payment (Form No. 01/PLIII in Appendix III of Decree 145/2020/ND-CP).
The order and procedures for granting licenses are specified in Article 25 of Decree 145/2020/ND-CP as follows:
- The applicant shall submit 01 application prescribed in Article 24 of this Decree to Department of Labor, War Invalids and Social Affairs of the province where it is headquartered.
- After making sure the application contains adequate documents as prescribed in Article 24 of Decree 145/2020/ND-CP, the Department of Labor, War Invalids and Social Affairs shall issue a receipt note specifying the date of receipt.
. Within 20 working days from the receipt of the satisfactory application, the Department of Labor, War Invalids and Social Affairs shall examine the application and propose issuance of the license to the President of the People’s Committee of the province.
In case the application is not satisfactory, within 10 working days from the receipt of the application, the Department of Labor, War Invalids and Social Affairs shall send a written request for supplementation of the application to the applicant.
- 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 consider issuing the license; in case the application is rejected, provide a written response and explanation.
- The application will be rejected in the following cases:
+ The conditions specified in Article 21 of Decree 145/2020/ND-CP are not fully satisfied;
+ A fake license is used for labor dispatch operation;
+ The legal representative used to be the legal representative of an enterprise whose license was revoked because of the reasons specified in Points d, dd, e Clause 1 Article 28 of Decree 145/2020/ND-CP over the last 05 years before the application is submitted;
+ The legal representative used to be the legal representative of an enterprise that used a fake license.
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