Can enterprises be issued licenses for provision of Vietnamese guest worker service when they have a charter capital of VND 3 billion?

Can enterprises be issued licenses for provision of Vietnamese guest worker service when they have a charter capital of VND 3 billion?

In Clause 1, Article 10 of the Law on Vietnamese guest worker service 2020, there are regulations on eligibility for issuance of license for provision of Vietnamese guest worker service as follows: 

1. An enterprise shall be issued with license for provision of Vietnamese guest worker service if the enterprise:

a) has at least VND 5 billion of charter capital; has owners, members and shareholders who are domestic investors according to Law on Investment; and

b) has made deposit payments according to Article 24 of this Law; and

c) 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;

d) has adequate number of professional employees to implement provisions of Article 9 of this Law;

dd) has adequate facilities of enterprises or is continuously hired by enterprises to satisfy orientation education for Vietnamese guest workers;

e) has a web page.

Thus, according to current regulations, enterprises with charter capital of 03 billion will not be eligible to be granted a licenses for provision of Vietnamese guest worker service.

What do contents of license for provision of Vietnamese guest worker service comprise?

In Clause 1, Article 11 of the Law on Vietnamese guest worker service 2020, there is a provision on licenses for provision of Vietnamese guest worker service as follows:

1. License for provision of Vietnamese guest workers (hereinafter referred to as “license”) shall have following details:

a) License No. and date of issue;

b) Enterprise name;

c) Enterprise ID number;

d) Head office address;

dd) Phone number;

e) Web page address.

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