What is the validity period of the labor dispatch license in Vietnam?

What is the validity period of the labor dispatch license in Vietnam?

Pursuant to Article 23 of the Decree 145/2020/ND-CP stipulating labor dispatch license:

Labor dispatch license

1. 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.

2. The content of the labor dispatch license shall comply with Form No 04/PLIII in Appendix III hereof.

3. License duration:

a) A license shall be valid for up to 60 months;

b) A license may be renewed multiple times, each renewal must not exceed 60 months;

c) The expiration date of a reissued license is the same as that on the previously issued license.

As regulated above, the labor dispatch license shall be valid for up to 60 months. The license may be renewed multiple times, each renewal must not exceed 60 months.

What is the validity period of the labor dispatch license in Vietnam? - image from internet

What is the maximum duration of labor outsourcing in Vietnam?

Pursuant to Article 53 of the Labor Code in 2019 stipulating labor outsourcing rules:

Labor outsourcing rules

1. The maximum duration of labor outsourcing is 12 months.

2. The client enterprise may employ an outsourced worker in the following cases:

a) The employment is necessary for the sharp increase in labor demand over a limited period of time;

b) The outsourced worker is meant to replace another employee who is taking maternal leave, has an occupational accident or occupational disease or has to fulfill his/her citizen’s duties;

c) The work requires highly skilled workers.

3. The client enterprise may not employ an outsourced worker in the following cases:

a) The outsourced worker is meant to replace another employee during a strike or settlement of labor disputes;

b) There is no agreement with the outsourcing enterprise on responsibility for compensation for the outsourced worker’s occupational accidents and occupational diseases;

c) The outsourced worker is meant to replace another employee who is dismissed due to changes in organizational structure, technology, economic reasons, full division, partial division, consolidation or merger of the enterprise.

4. The client enterprise must not dispatch an outsourced worker to another employer; must not employ an employee dispatched by an enterprise that does not have the labor outsourcing license.

As regulated above, the maximum duration of labor outsourcing is 12 months.

What are cases of reissuance of the labor dispatch license in Vietnam?

Pursuant to Clause 1 Article 27 of the Decree 145/2020/ND-CP stipulating license reissuance:

License reissuance

1. A dispatching agency shall apply for reissuance of the license by the President of the People’s Committee of the province in the following cases:

a) Any of the following information on the license is changed: the dispatching agency’s name, headquarters address (but still in the same province), the legal representative;

b) The license is lost;

c) The license is so damaged the information thereon is no longer sufficient;

d) The headquarters are moved to another province.

2. An application for reissuance of the license consists of:

a) The application form No. 05/PLIII in Appendix III hereof;

b) Copy of the Certificate of Enterprise Registration in case the enterprise’s name is changed or the headquarters are relocated within the same province or the license is damaged;

c) The documents prescribed in Clauses 2, 3 and 4 Article 24 of this Decree in case the legal representative is changed.

d) The documents prescribed in Clauses 2, 3, 4 and 5 Article 24 of this Decree in case the license is lost;

dd) The previously issued license in the cases specified in Point a, Point c Clause 1 of this Article

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As regulated above, a dispatching agency shall apply for reissuance of the license by the President of the People’s Committee of the province in the following cases:

- Any of the following information on the license is changed:

+ The dispatching agency’s name;

+ Headquarters address (but still in the same province);

+ The legal representative;

- The license is lost;

- The license is so damaged the information thereon is no longer sufficient;

- The headquarters are moved to another province.

Best regards!