Regulations on license renewal for labor dispatch in Vietnam

Regulations on license renewal for labor dispatch in Vietnam (Internet image)

1. Licensing conditions for labor dispatch in Vietnam

Article 21 of Decree 145/2020/ND-CP stipulates the licensing conditions for labor dispatch in Vietnam as follows:

- The legal representative of the dispatching agency shall:

+ Be an enterprise executive as prescribed by the Law on Enterprises;

+ Not have any criminal conviction;

+ 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.

- The enterprise has paid a deposit of 2.000.000.000 VND (2 billion Vietnam dongs).

2. Authority for issuing, renewing, reissuing and revoking the labor dispatch license in Vietnam

Article 22 of Decree 145/2020/ND-CP stipulates the authority for issuing, renewing, reissuing and revoking the labor dispatch license as follows:

The President of the People’s Committee of the province where the dispatching agency is headquartered has the authority to issue, renew, reissue and revoke its license.

3. License renewal for labor dispatch in Vietnam

In Article 26 of Decree 145/2020/ND-CP, the license renewal for labor dispatch is regulated as follows:

3.1. Conditions for license renewal for labor dispatch in Vietnam

A dispatching agency may have its license renewed if:

- The conditions specified in Article 21 of Decree 145/2020/ND-CP are fully satisfied;

- The license does not have to be revoked in any of the cases specified in Article 28 of this Decree;

- Reports are submitted in accordance with regulations of this Decree;

- The application for license renewal is sent to the Department of Labor, War Invalids and Social Affairs at least 60 days before its expiration date.

3.2. Application for license renewal for labor dispatch in Vietnam

An application for license renewal consists of:

- The application form No. 05/PLIII in Appendix III of Decree 145/2020/ND-CP;

- The documents prescribed in Clause 5 Article 24 of Decree 145/2020/ND-CP;

- The documents prescribed in Clauses 2, 3 and 4 Article 24 of Decree 145/2020/ND-CP in case the legal representative is also changed.

3.3. License renewal procedures for labor dispatch in Vietnam

License renewal procedures

Step 1: The dispatching agency (license holder) shall submit the application prescribed in Section 3.2 to the Department of Labor, War Invalids and Social Affairs of the province where it is headquartered.

After making sure that the application contains adequate documents, the Department of Labor, War Invalids and Social Affairs shall issue a note of receipt specifying the date of receipt;

Step 2: Within 15 working days from the receipt of the satisfactory application, the Department of Labor, War Invalids and Social Affairs shall propose renewal of the license to the President of the People’s Committee of the same province.

In case the application is not satisfactory, within 7 working days from the day on which the application is received, the Department of Labor, War Invalids and Social Affairs shall send a written request for supplementation of the application to the license holder.

Step 3: Within 07 working days from the receipt of the proposal from the Department of Labor, War Invalids and Social Affairs, the President of the People’s Committee of the province shall consider renewing the license; in case the application is rejected, provide a written response and explanation.

Note: In case the dispatching agency fails to fully satisfy the conditions specified in Clause 1 of Article 26 of Decree 145/2020/ND-CP or in any of the cases specified in Clause 5 Article 25 of Decree 145/2020/ND-CP, the President of the People’s Committee of the province shall send a written response to the dispatching agency and provide explanation for rejection.

Ngoc Nhi

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