Dossiers and procedures for granting a License to operate services to send Vietnamese workers to work abroad under contracts

Does the company have facilities that meet the requirements for orientation education for Vietnamese workers working abroad? Are they eligible for an operating license?

1. Is it mandatory to organize orientation education for Vietnamese workers working abroad?

Pursuant to Article 9 of the Law on Vietnamese Workers Working Abroad Under Contracts 2020 regulates the content of service activities sending Vietnamese workers to work abroad under contracts as follows:

– Signing and implementing contracts and agreements related to sending Vietnamese workers to work abroad under contract.

– Searching and developing labor markets abroad; providing information, advertising, and consulting on job opportunities abroad.

– Prepare labor resources and select workers.

– Organize vocational skills training, foreign languages, and orientation education for workers before going to work abroad.

– Manage workers; Protect the legal and legitimate rights and interests of workers working abroad under contracts.

– Implement regimes and policies for workers working abroad under contracts.

– Liquidate contracts to send Vietnamese workers to work abroad.

– Support job introduction for workers after returning home country.

Thus, it is necessary to organize vocational skills training, foreign language training, and orientation education for workers before going to work abroad because this is one of the contents of the service activities of sending Vietnamese workers to work abroad under contracts.

2. Are there facilities that meet the educational requirements for orientation for Vietnamese workers working abroad to be eligible for an operating license?

Pursuant to Article 10 of the Law on Vietnamese Workers Working Abroad Under Contract 2020 stipulates the conditions for granting a License to operate the service of sending Vietnamese workers to work abroad under contracts as follows:

– Enterprises are granted a License to operate the service of sending Vietnamese workers to work abroad under contracts when all of the following conditions are met. here:

+ 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;

+ Deposits have been made according to the provisions of Article 24 of this Law;

+ 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 contract or service employment case; 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;

+ Having a sufficient number of professional staff to carry out the contents specified in Article 9 of this Law;

+ Having physical facilities of the enterprise or being stably hired by the enterprise to meet the orientation education requirements for Vietnamese workers working abroad under contracts;

+ Having an electronic information page element.

– The Government regulates this Article in detail.

Thus, facilities are only one of the licensing conditions, therefore, a company that wants to be granted a License to operate the service of sending Vietnamese workers to work abroad under a contract must meet all the conditions as mentioned above.

3. What are the dossiers and procedures for granting a License to operate services to send Vietnamese workers to work abroad under contract?

Pursuant to Article 12 of the Law on Vietnamese Workers Going to Work Abroad under Contract 2020 stipulates on dossiers, procedures and fees for licensing as follows:

– Application for a License includes:

+ Enterprise’s written request for a License;

+ Copy of Business Registration Certificate;

+ Documents proving that it meets the conditions specified in Article 10 of this Law.

– In Within 20 days from the date of receipt of complete and valid documents, the Minister of Labor, War Invalids and Social Affairs shall consider and issue a License to the enterprise; In case the License is not granted, a written response must be provided clearly stating the reason.

– Licensing fees comply with the provisions of law on fees and charges.

– The Government regulates the License form; Sample documents and papers specified in Points a and c, Clause 1 of this Article; Inter-coordination between agencies in licensing through the electronic information network.