List of works permitted for labor dispatch in Vietnam

List of works permitted for labor dispatch in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. List of works permitted for labor dispatch in Vietnam

List of works permitted for labor dispatch according to Appendix II issued together with Decree 145/2020/ND-CP includes:

 2. Conditions for issuance of labor dispatch licenses in Vietnam

Conditions for issuance of labor dispatch licenses under Article 21 of Decree 145/2020/ND-CP are 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).

3. Procedures for issuance of labor dispatch licenses in Vietnam

Procedures for issuance of labor dispatch licenses in Vietnam under Article 25 of Decree 145/2020/ND-CP are as follows:

- The applicant shall submit 01 application prescribed in Article 24 of this Decree to Department of Labor, War Invalids and Social Affairs of the province where it is headquartered.

- After making sure the application contains adequate documents as prescribed in Article 24 of Decree 145/2020/ND-CP, the Department of Labor, War Invalids and Social Affairs shall issue a receipt note specifying the date of receipt.

- Within 20 working days from the receipt of the satisfactory application, the Department of Labor, War Invalids and Social Affairs shall examine the application and propose issuance of the license to the President of the People’s Committee of the province.

In case the application is not satisfactory, within 10 working days from the receipt of the application, the Department of Labor, War Invalids and Social Affairs shall send a written request for supplementation of the application to the applicant.

- 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 issuing the license; in case the application is rejected, provide a written response and explanation.

- The application will be rejected in the following cases:

+ The conditions specified in Article 21 of Decree 145/2020/ND-CP are not fully satisfied;

+ A fake license is used for labor dispatch operation;

+ The legal representative used to be the legal representative of an enterprise whose license was revoked because of the reasons specified in Points d, dd, e Clause 1 Article 28 of Decree 145/2020/ND-CP over the last 05 years before the application is submitted;

+ The legal representative used to be the legal representative of an enterprise that used a fake license.

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