Legal grounds

Pursuant to the 2019 Labor Code taking effect from January 1, 2021 and Decree 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code on working conditions and public relations. labor system.

Step 1: Establish a business

Before applying for a license to sublease labor contracts, businesses need to register to establish a company, which requires registration of the labor subleasing business.

Currently, the procedure for registering a business at the Department of Planning and Investment is quite quick, in just 6-8 days a business can complete all the procedures.

Step 2: Apply for a labor rental license

To apply for a Labor Leasing Operation License, businesses need to meet the following conditions:

Pursuant to Article 21 of Decree 145/2020/ND-CP

• As the legal representative of an enterprise carrying out labor subleasing activities, the following conditions must be met:
• Be a business manager according to the provisions of the Enterprise Law
• No criminal records;
• Have worked in the field of labor subleasing or labor supply for 3 years (36 months) or more in the 5 consecutive years before applying for a license;
• The enterprise has made an escrow fund of 2,000,000,000 (Two billion Vietnam Dong)
• Business registration has registered labor subleasing business and has been granted a license.

Application for a labor sublease license

Pursuant to Article 24 of Decree 145/2020/ND-CP

• Enterprise's written request for a license according to form No. 05/PLIII, Appendix III issued with this Decree;
• Curriculum vitae of the legal representative of the enterprise according to form No. 07/PLIII, Appendix III issued with this Decree;
• Judicial record card No. 1 according to the law on judicial records of the legal representative of the enterprise. In case the representative is a foreigner who is not subject to being issued a criminal record card No. 1, it will be replaced by a criminal record card in the country of nationality; The documents mentioned in this Clause are issued no more than 6 months before the application submission date. Documents in foreign languages ​​must be translated into Vietnamese, authenticated and consularly legalized according to law;
• Document proving the time of direct professional or management work in labor subleasing or labor supply of the legal representative of the enterprise specified in Point c, Clause 1, Article 21 of this Decree is one of the following types of documents:
• A certified copy of the original labor contract or working contract or decision on recruitment, appointment, assignment of tasks of the legal representative of the enterprise;
• Certified copy of the original appointment decision (for those working under the appointment regime) or document certifying the election results (for those working under the election regime) of the legal representative Enterprise law or copy of enterprise registration certificate (in case of legal representative of a subleasing or labor supply enterprise). The documents specified in Points a and b of this Clause are foreign documents and must be translated into Vietnamese, authenticated and consularly legalized according to the law.
• Certificate of deposit for labor subleasing activities according to Form No. 01/PLIII Appendix III issued with this Decree.

Procedure for applying for a labor subleasing operating license

Pursuant to Article 25 of Decree 145/2020/ND-CP

• The enterprise sends a set of documents as prescribed in Article 24 of this Decree to the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered to request a license.
• After checking all the documents specified in Article 24 of this Decree, the Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date, month and year of receipt of the application for a License.
• Within 20 working days from the date of receiving the prescribed documents, the Department of Labor, War Invalids and Social Affairs shall verify and submit to the Chairman of the Provincial People's Committee to issue a license to the enterprise. In case the dossier does not comply with regulations, within 10 working days from the date of receiving the dossier, the Department of Labor, War Invalids and Social Affairs shall send a written request to the enterprise to complete the dossier.
• Within 07 working days from the date of receiving the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People's Committee shall consider and issue a license to the enterprise; In case the license is not granted, there will be a written response to the enterprise clearly stating the reason for not granting the license.

Term of Labor Subleasing License

Pursuant to Clause 3, Article 23 of Decree 145/2020/ND-CP

• The maximum license term is 60 months;
• The license can be renewed many times, each extension is for a maximum of 60 months;
• The term of the reissued license is equal to the remaining term of the previously issued license.

Services for applying for a Labor Leasing Operation License from Truong Quyen Law Office - Davilaw Branch

• Consulting on conditions for obtaining a Labor Subleasing Operating License.
• Require customers to provide information to complete the application for a Labor Subleasing License.
• Drafting dossiers for a Labor Subleasing Operation License.
• On behalf of the enterprise, carry out procedures to apply for a Labor Subleasing Operation License.
• Exchange and provide information to customers during the process of applying for a Labor Subleasing Operation License. Receive and return to customers the License to operate labor export services.