Branch of Labor Export Company without Professional Staff: Is It Allowed?

Can a branch office of a labor export company operate without professional staff?

Pursuant to Article 4 of Decree 112/2021/ND-CP, regulations on conditions regarding professional staff are as follows:

1. For each activity content stipulated in Article 9 of the Law on Vietnamese Workers Working Abroad Under Contract, the enterprise must have at least one professional staff member responsible for execution, meeting one of the following standards:

   a) Graduate with at least a college degree in fields of law, humanities, social services, social and behavioral sciences, or business and management;

   b) Graduate with at least a college degree not in the fields defined at point a of this clause and have at least 2 years of experience in sending Vietnamese workers to work abroad under contracts.

2. The professional staff must have a labor contract and participate in compulsory social insurance at the enterprise, except for cases not subject to compulsory social insurance as prescribed by the law on social insurance.

3. Branches tasked by service enterprises with implementing certain activity contents stipulated in Article 9 of the Law on Vietnamese Workers Working Abroad Under Contract must have at least one professional staff member responsible for each activity content and meeting the standards set forth at points a or b, clause 1, and clause 2 of this Article.

Thus, if your company establishes a branch in another province, it must have at least one professional staff member responsible for each activity content and meet the above-defined standards.

What are the standards **** of facilities to organize orientation education for workers going abroad?

According to Clause 1, Article 5 of Decree 112/2021/ND-CP, the regulations on facilities for organizing orientation education for workers are as follows:

1. Facilities for organizing orientation education must ensure safety, hygiene, and meet the following standards:

   a) Have classrooms and dormitories for at least 100 students at one time; provide first aid, emergency facilities, and equipment;

   b) Classrooms must have a minimum area of 1.4 m2/student and basic equipment to support learning;

   c) Dormitories must have a minimum area of 3.5 m2/student, equipped with basic living facilities; accommodate no more than 12 students/room; dormitory areas must be separated for male and female students, with adequate shower and toilet facilities.

Respectfully!