Tiếng Việt
中文 (中国)Labor subleasing businesses have the right to withdraw deposits whenis 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 manner, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
Are labor subleasing businesses entitled to withdraw deposits when their license is revoked?
Whether labor subleasing enterprises have the right to withdraw deposits when their license is revoked, according to the provisions of Clause 1, Article 18 of Decree 145/2020/ND-CP as follows:
Withdrawal of deposit
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 deadline as prescribed by law;
b) The subleasing enterprise faces difficulties and cannot afford to compensate the subleased employee due to violating the labor contract with the subleased employee or causing damage to the subleased employee because it does not 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 is not licensed;
d) The subleasing enterprise’s license is revoked or the license is not renewed or reissued;
d) The subleasing enterprise has made a deposit at a Vietnamese commercial bank or another foreign commercial bank branch in Vietnam.
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According to the above regulations, when a labor subleasing enterprise’s license is revoked, it can withdraw the deposit.
What does the dossier to request deposit withdrawal for a labor subleasing enterprise whose license is revoked include?
Regulations on deposit withdrawal request documents for labor subleasing enterprises whose licenses are revoked in Clauses 2 and 3, Article 18 of Decree 145/2020/ND-CP are as follows:
Withdrawal of deposit
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2. Dossier requesting the Chairman of the Provincial People’s Committee to withdraw the deposit sent to the Department of Labor, War Invalids and Social Affairs, includes:
a) Written request to withdraw deposit from the subleasing enterprise;
b) Plan for using the amount withdrawn from the deposit account, including: reason and purpose of withdrawing the deposit; list, number of employees, amount, time, payment method for deposit withdrawals specified in Points a and b, Clause 1 of this Article;
c) Report on the completion of obligations and documents proving the completion of obligations for the subleased employee in case of deposit withdrawal specified in Point d, Clause 1 of this Article;
d) Certificate of deposit for labor subleasing activities in case of deposit withdrawal specified in Point dd, Clause 1 of this Article.
3. Deposit withdrawal documents sent to the deposit receiving bank, including:
a) Written request to withdraw deposit from the subleasing enterprise as prescribed in Point a, Clause 2 of this Article;
b) Written agreement on deposit withdrawal from the Chairman of the Provincial People’s Committee according to Form No. 02/PLIII Appendix III issued with this Decree;
c) Deposit withdrawal documents according to the regulations of the deposit receiving bank (if any).
According to the above regulations, dossiers to request deposit withdrawal for labor subleasing enterprises whose licenses have been revoked include:
(1) For documents requesting the Chairman of the Provincial People’s Committee to withdraw deposits sent to the Department of Labor, War Invalids and Social Affairs, include:
– Written request to withdraw deposit from the labor subleasing enterprise.
– Report on the completion of obligations and documents proving the completion of obligations for subleased employees.
(2) For deposit withdrawal documents sent to the deposit receiving bank, include:
– Written request to withdraw deposit from the labor subleasing enterprise.
– Written agreement on deposit withdrawal from the Chairman of the Provincial People’s Committee.
– Deposit withdrawal documents according to the regulations of the deposit receiving bank (if any).
Can banks let labor subleasing businesses withdraw deposits without the consent of the Chairman of the Provincial People’s Committee?
Banks are allowed to let labor subleasing enterprises withdraw deposits without the consent of the Chairman of the Provincial People’s Committee, according to the provisions of Article 17 of Decree 145/2020/ND-CP as follows:
Deposit Management
1. The bank receiving the deposit is responsible for blocking the entire deposit amount of the subleasing enterprise and managing the deposit according to the provisions of law on deposits.
2. The bank receiving the deposit shall let the subleasing enterprise withdraw the deposit, deduct the deposit and request the subleasing enterprise to pay additional deposit in accordance with the provisions of Article 18, Article 19 and Article 20 of this Decree.
3. The deposit receiving bank is not allowed to let the subleasing enterprise withdraw the deposit without the written consent of the Chairman of the People’s Committee of the province or centrally run city (hereinafter referred to as the Chairman of the Provincial People’s Committee).
Thus, the deposit receiving bank is not allowed to withdraw the deposit from the labor subleasing enterprise without the written consent of the Chairman of the Provincial People’s Committee.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A 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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