If I have a criminal conviction, can I work as a director of a dispatching agency in Vietnam?
I intend to establish a dispatching agency, I will be the director and legal representative of the company. However, I have a criminal conviction. So, is it possible to get a work permit for labor dispatch? What does application for labor dispatch license in Vietnam comprise?
If I have a criminal conviction, can I work as a director of a dispatching agency in Vietnam?
Pursuant to Clause 1, Article 21 of Decree No. 145/2020/ND-CP, licensing conditions:
1. The legal representative of the dispatching agency shall:
a) be an enterprise executive as prescribed by the Law on Enterprises;
b) not have any criminal conviction;
c) 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.
And Clause 24, Article 4 of the Enterprise Law 2020 stipulates:
24. “executive of an enterprise means the owner of a sole proprietorship, a general partner of a partnership, chairperson or member of the Member/Partner Assembly, President of a company, President or member of the Board of Directors, Director/General Director, or holder of another managerial position prescribed in the company’s charter.
According to the information you provided, you are planning to open a dispatching agency and will concurrently act as the director and legal representative of that company. The director is the manager of the business, will be able to act as the legal representative for the dispatching agency that you want to open. However, on request, this representative will not have a criminal conviction, you have a criminal conviction, so you cannot open a company in Vietnam.
What does application for labor dispatch license in Vietnam comprise?
Pursuant to Article 24 of Decree No. 145/2020/ND-CP, application for licensing comprises:
1. The application form No. 05/PLIII in Appendix III hereof.
2. The résumé of the dispatching agency’s legal representative according to Form No. 07/PLIII in Appendix III hereof.
3. 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.
4. Documents proving the legal representative’s period of working in labor dispatch or labor supply prescribed in Point c Clause 1 Article 21 of this Decree. To be specific:
a) An authenticated copy of the employment contract or decision on employment and designation of the enterprise’s legal representative;
b) 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.
5. The certificate of deposit payment (Form No. 01/PLIII in Appendix III hereof).
Best Regards!
