Tiếng Việt
中文 (中国)Labor subleasing businesses are allowed to withdraw deposits upon meeting is legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
To be granted a license, how much money must a labor subleasing business deposit?
The amount of money a labor subleasing business must deposit to be granted a license is specified in Article 21 of the Decree. 145/2020/ND-CP as follows:
Licensing conditions
1. The legal representative of the enterprise carrying out labor subleasing activities must ensure the following conditions:
a) Be a business manager according to the provisions of the Enterprise Law;
b) Have no criminal record;
c) Have worked directly as a professional or manager in labor subleasing or labor supply for at least 3 years (36 years). months) or more within 5 consecutive years before applying for a license.
2. The enterprise has made a deposit of 2,000,000,000 VND (two billion VND).
Accordingly, to be granted a license, labor subleasing enterprises must meet the conditions specified in Article 21 above. Including the condition that the enterprise has made a deposit of 2,000,000,000 VND.
Therefore, to be granted a license, labor subleasing businesses must make a deposit of VND 2 billion.
Are labor subleasing enterprises allowed to withdraw deposits when facing difficulties?
In cases where labor subleasing enterprises are entitled to withdraw deposits, it is specified in Clause 1, Article 18 of Decree 145/2020/ND-CP as follows:
Withdrawing deposits fund
1. The Chairman of the Provincial People’s Committee where the subleasing enterprise is headquartered agrees to let the subleasing enterprise withdraw the deposit when the enterprise falls into one of the following cases:
a) The subleasing enterprise faces difficulties and does not have enough financial resources to fully pay salaries, social insurance, health insurance, unemployment insurance, labor accident insurance, occupational diseases and other benefits for the subleasing employee as agreed in the labor contract, collective labor agreement, internal rules and regulations of the subleasing enterprise after a period of 30 days from the date of payment due according to regulations. provisions of law;
b) The subleasing enterprise faces difficulties and is unable to compensate the subleased employee due to violating the labor contract with the subleased employee or causing damage to the subleased employee because of failure to ensure the legal rights and interests of the subleased employee after 60 days from the date of the compensation deadline as prescribed by law;
c) The enterprise fails to licensed;
d) The subleasing enterprise had its license revoked or was not renewed or reissued;
dd) The subleasing enterprise made a deposit at a Vietnamese commercial bank or another foreign commercial bank branch in Vietnam.
According to the above regulations, when labor subleasing enterprises encounter difficulties, they can withdraw deposits in the following cases:
– Insufficient financial resources to fully pay salaries, social insurance, health insurance, unemployment insurance, labor accident insurance, occupational diseases and other benefits for subleased employees as agreed in the labor contract, collective labor agreement, internal rules and regulations of the subleasing enterprise after a period of 30 days from the date of payment due as prescribed by law.
– Not being able to compensate the subleased employee due to violating the labor contract with the subleased employee or causing damage to the subleased employee because of failure to ensure the legal rights and interests of the subleased employee after 60 days from the date of the compensation deadline as prescribed by law.
Does a labor subleasing enterprise have to pay an additional deposit when withdrawing a deposit due to difficulties?
Does a labor subleasing enterprise have to pay an additional deposit when previously withdrawing a deposit due to difficulties, according to the provisions of Article 20 of Decree 145/2020/ND-CP as following:
Submit additional deposit
1. Within 30 days from the date of withdrawal of deposit for payment in the cases specified in Points a and b, Clause 1, Article 18 and Article 19 of this Decree, the subleasing enterprise must pay additional security deposit as prescribed in Clause 2, Article 21 of this Decree.
2. Within no more than 30 days from the expiration date specified in Clause 1 of this Article, if the subleasing enterprise does not fully replenish the deposit, the deposit receiving bank shall be responsible for notifying in writing the Department of Labor, War Invalids and Social Affairs and the Chairman of the Provincial People’s Committee where the subleasing enterprise is headquartered. Within 15 days from the date of receiving notice from the deposit receiving bank, the Department of Labor, War Invalids and Social Affairs shall submit to the Chairman of the Provincial People’s Committee to revoke the enterprise’s license according to the provisions of Clause 4, Article 28 of this Decree.
Thus, if a labor subleasing enterprise withdraws a deposit due to difficulty in paying for the cases specified in Points a and b, Clause 1, Article 18, it must pay an additional security deposit according to regulations within 30 days from the date of withdrawal.
Note on Applying Current Legal Regulations
This article belongs to the Legal Updates group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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