What is the duration of the labor dispatch license in Vietnam?

What is the duration of the labor dispatch license in Vietnam?

Pursuant to Article 23 of Decree 145/2020/ND-CP has the following provisions:

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.

According to this Article, the sub-lease permit for labor activities in Vietnam has a maximum term of 60 months and can be renewed several times.

Is it possible to use outsourced workers supplied by the company has an expired the labor dispatch license in Vietnam?

Pursuant to Clause 2, Article 13 of Decree 12/2022/ND-CP , a fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed upon a client enterprise for commission of one of the following violations:

a) Using outsourced workers to perform works which are not included in the list of permissible outsourced jobs;

b) Using outsourced workers supplied by an enterprise that fails to possess a labour outsourcing license or uses an expired labour outsourcing license;

c) Using outsourced workers to replace other employees during a strike or settlement of labour disputes;

d) Using outsourced workers to replace employees who are dismissed due to changes in organizational structure or technology, economic reasons, full division, partial division, consolidation or merger of the enterprise;

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According to this Article, if your business hires back the labor of the business that has the Operating License for sub-lease of labor expired, it may be subject to a fine of between VND 40,000,000 and VND 50,000,000 in Vietnam.

Best Regards!