Procedures for granting business licenses to security subleasing companies

1. How is the business license of a security subleasing company regulated?

Pursuant to Article 30 of Decree 145/2020/ND-CP and Appendix II promulgating this Decree stipulating the list of jobs allowed to sublease labor, then Security guarding is one of the jobs that can be performed by subleasing labor, therefore, the security subleasing company will be granted a license to operate labor subleasing according to the provisions of Article 23 of Decree 145/2020/ND-CP as follows:

“Article 23. License to operate labor subleasing

1. License to operate labor subleasing Printed on cardboard with A4 size (21 cm x 29.7 cm); on the front, the content of the license is written on a white background with a blue pattern, with a printed national emblem, a black border; on the back there is the national emblem, the national emblem and the words “LABOR RENTAL OPERATION LICENSE” printed on a blue background.

2 according to Form No. 04/PLIII Appendix III issued with this Decree.

3. The term of the license is specified as follows:

a) The maximum license term is 60 months;

b) The license can be renewed many times, each extension is for a maximum of 60 months; months;

c) The term of the reissued license is equal to the remaining term of the previously issued license.”

2. What are the procedures for granting a business license to a security subleasing company?

Pursuant to Article 25 of Decree 145/2020/ND-CP stipulating the order and procedures for granting a license as follows:

– 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 license application.

– Within 20 working days from the date of receiving the dossier as required by regulations, 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 issue a written request request 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.

– Do not issue a license in the following cases:

+ Failure to ensure the conditions prescribed in Article 21 of this Decree;

+ Using a fake license to operate labor subleasing activities active;

+ Having a legal representative who was once the legal representative of the enterprise whose license was revoked for the reasons in Points d, dd and e, Clause 1, Article 28 of this Decree in the 5 consecutive years before applying for a labor subleasing license;

+ Having a legal representative who was once the legal representative of the employing enterprise fake license.

3. Is it necessary to re-issue the business license of a security subleasing company when moving to another province?

Pursuant to Article 31 of Decree 145/2020/ND-CP, which stipulates the responsibilities of subleasing enterprises as follows:

– Publicly post the original license at the head office and certified copies of the original license at branches Branches and representative offices (if any) of the subleasing enterprise. In case of operating in another provincial area, the subleasing enterprise shall send a certified copy of the license to that Department of Labor, War Invalids and Social Affairs for monitoring and management.

– Every 6 months and annually, report on the situation of labor subleasing activities according to Form No. 09/PLIII Appendix III issued with this Decree, send to the Chairman of the Provincial People’s Committee, Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered; At the same time, report to the Department of Labor, War Invalids and Social Affairs where the enterprise operates to operate labor sublease on the situation of labor sublease activities in that area in case the enterprise sublease to another provincial area to operate. Six-month reports sent before June 20 and annual reports sent before December 20.

– Timely report incidents related to labor subleasing activities to local competent state agencies or at the request of state labor management agencies.

– Fulfill the responsibilities of the leasing enterprise. according to the provisions of Article 56 of the Labor Code and this Chapter.