Conditions on charter capital to operate the service of sending Vietnamese workers to work abroad under contract

What are the conditions on charter capital for a business to be granted a License to operate services to send Vietnamese workers to work abroad under contracts? What foreign language skills do professional staff need to have?

1. Conditions for charter capital for an enterprise to be granted a License to operate the service of sending Vietnamese workers to work abroad under contract?

Conditions for charter capital for an enterprise to be granted a License to operate the service of sending Vietnamese workers to work abroad under contract are stipulated in Article 10 of the Law on Vietnamese Workers to Work Abroad under Contract 2020, with content as follows: following:

Conditions for granting License to operate services to send Vietnamese workers to work abroad under contract

1. Enterprises are granted a License to operate services to send Vietnamese workers to work abroad under contracts when they fully meet the following conditions:

a) Have charter capital of 05 billion VND or more; whose owner, all members and shareholders are domestic investors according to the provisions of the Investment Law;

b) Has deposited money according to the provisions of Article 24 of this Law;

c) Has a legal representative who is a Vietnamese citizen, has a university degree or higher and has at least 05 years of experience in the field of sending Vietnamese workers to work abroad under contracts or employment services; not subject to criminal prosecution; do not have a criminal record for any of the crimes of infringing on national security, crimes of infringing on the life, health, dignity, honor of people, crimes of fraudulent appropriation of property, crimes of abuse of trust to appropriate property, crimes of false advertising, crimes of deceiving customers, crimes of organizing or brokering for others to leave, enter or stay in Vietnam illegally, crimes of organizing and brokering for others to escape abroad or stay abroad illegally, crimes of forcing others to flee abroad or staying abroad illegally;

d) Have a sufficient number of professional staff to carry out the contents specified in Article 9 of this Law;

d) Having facilities of the enterprise or being rented stably by the enterprise to meet the educational requirements for orientation for Vietnamese workers working abroad under contracts;

e) Have a website.

2. The Government shall detail this Article.

According to the above regulations, businesses that are granted a License to operate services to send Vietnamese workers to work abroad under contracts must have a charter capital of 05 billion VND or more.

2. What kind of foreign language skills must professional staff of service enterprises that send Vietnamese workers to work in Japan have?

Professional staff of enterprises providing services to send Vietnamese workers to work in Japan must have foreign language skills in Clause 1, Article 15 of Decree 112/2021/ND-CP, the content is as follows:

Conditions for operating services for sending Vietnamese workers to work in Japan

Service enterprises must maintain the conditions specified in Article 10 of the Law on Vietnamese Workers working abroad under contract and meet the following conditions:

1. Have a sufficient number of professional staff to carry out activities and meet the following standards:

a) Have at least 01 professional staff carrying out activities of searching and developing overseas labor markets with Japanese language proficiency of at least N2 level (JLPT standard) or equivalent;

b) Have at least 01 professional staff performing employee management activities with Japanese language proficiency of at least N2 level (JLPT standard) or equivalent and at least 01 year of experience in sending Vietnamese workers to work in Japan;

c) Have at least 01 professional staff member performing orientation education activities with at least 01 year of experience in sending Vietnamese workers to work in Japan.

Thus, corresponding to the position of professional staff, the conditions for foreign language competency are as follows:

+ Professional staff carrying out search and development activities in foreign labor markets have Japanese language proficiency of at least N2 level (JLPT standard) or equivalent.

+ Professional staff performing employee management activities have Japanese language proficiency of at least N2 level (JLPT standard) or equivalent.

+ Professional staff carrying out educational orientation activities are not required.

3. What documents do businesses operating in the service of sending Vietnamese workers to work in Japan need to prepare?

Enterprises operating in the service of sending Vietnamese workers to work in Japan must prepare the documents specified in Clause 1, Article 16 of Decree 112/2021/ND-CP, with the following contents:

Documents and procedures registering service activities to send Vietnamese workers to work in Japan

1. Documents:

a) Written request according to Form No. 08 Appendix I issued with this Decree;

b) 01 copy of foreign language diploma and certificate; 01 copy of documents proving work experience (labor contract, document terminating the labor contract or process of participating in social insurance or certificate of experience from the place of work) of the professional staff specified in Clause 1, Article 15 of this Decree.

According to the above regulations, records of enterprises providing services to send Vietnamese workers to work in Japan include including:

+ Written request according to Form No. 08, Appendix I issued with this Decree.

+ 01 copy of diploma, foreign language certificate.

+ 01 copy of documents proving the working experience of the professional staff: labor contract, document terminating the labor contract or social insurance participation process or documents Confirm work experience.