Conditions and procedures for renewal of labor dispatch license in Vietnam

Conditions for renewal of labor dispatch license in Vietnam

Pursuant to Clause 1, Article 26 of Decree 145/2020/ND-CP, a dispatching agency may have its license renewed if:

- The conditions specified in Article 21 of this Decree 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.

In case the dispatching agency fails to fully satisfy the conditions specified above 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.

Conditions and procedures for renewal of labor dispatch license in Vietnam (Internet image)

Application for labor dispatch license renewal

Pursuant to Clause 2, Article 26 of Decree 145/2020/ND-CP, 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.

Procedures for labor dispatch license renewal in Vietnam

Pursuant to Clause 3, Article 26 of Decree 145/2020/ND-CP, license renewal procedures are as follows

- The dispatching agency (license holder) shall submit the application prescribed in Clause 2 of Article 26 of Decree 145/2020/ND-CP 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;

- 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.

- 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.

Regulations on labor dispatch license

Pursuant to Article 23 of Decree 145/2020/ND-CP, 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.

The content of the labor dispatch license shall comply with Form No 04/PLIII in Appendix III hereof.

License duration:

- A license shall be valid for up to 60 months;

- A license may be renewed multiple times, each renewal must not exceed 60 months;

- The expiration date of a reissued license is the same as that on the previously issued license.

Mai Thanh Loi

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