Vietnam: 05 eligibilities for issuance of license for organizing guest worker programs

According to Decree No. 38/2020/NĐ-CP of Vietnam’s Government, eligibility for issuance of license for organizing guest worker programs includes:

1. Eligibility regarding business model and legal capital: Enterprises permitted to organize guest worker programs (hereinafter referred to as “service providers”) are limited liability companies, joint stock companies and partnerships which are established and operating according to Law on Enterprises and satisfy following capital requirements: 

- Legal capital must not be lower than VND 5,000,000,000.

- Owners, members and shareholders must be domestic investors according to the Law on Investment.

2. Scheme for organizing guest worker programs

Contents of the Scheme for organizing guest worker programs shall comply with regulations and law of Vietnam and receiving countries and shall be made using Form No. 02 under Annex II attached to this Decree.

3. Specialized facilities to provide workers with necessary knowledge prior to working abroad and organizing guest worker programs, including:

- Centers for providing workers with necessary knowledge prior to working abroad include learner training and management departments;

- Professional departments organizing guest worker programs and utilizing foreign market, selecting workers, managing guest workers and assisting workers to return to home country and financially;

- Centers for providing necessary knowledge and professional departments must ensure adequate specialized employees for organizing guest worker programs.

4. Specialized employees and lead operators

Specialized employees specified in Point c Clause 1 Article 8 of this Decree must:

- Sign fixed-term or permanent employment contracts with service providers;

- Not currently be criminally prosecuted, enforce criminal judgment of courts, currently prohibited from holding positions or practicing; 

- Have at least junior college education level or higher;

- Specialized employees utilizing international market, selecting workers, managing guest workers and providing necessary knowledge must graduate in either law, economics, business administration or foreign language and have at least 1 year of experience in organizing guest worker programs.

Lead operators in organizing guest worker programs are legal representatives of enterprises satisfying conditions in Clause 3 Article 9 of Law on Vietnamese Guest Workers and Point b Clause 1 of this Article.

5. Margin deposit of service providers

Enterprises shall place margin deposit of VND 1,000,000,000 at commercial institutions licensed for operations in Vietnam. Margin of service providers shall be utilized according to Clause 1 and Clause 2 Article 22 Law on Vietnamese Guest Workers.

View more details at Decree No. 38/2020/NĐ-CP of Vietnam’s Government, effective from May 20, 2020.

Le Hai

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