If a labor subleasing enterprise changes its representative, does it need to re-apply for a labor subleasing operating license?

If a labor subleasing business changes its representative, does it need to re-issue a labor subleasing operating license?

Cases of reissuing a labor subleasing operating license are specified in Clause 1 of Article 27 Decree 145/2020/ND-CP as follows:

Re-issue of license

1. The subleasing enterprise requests the Chairman of the Provincial People’s Committee to re-issue the license in the following cases:

a) Changing one of the contents of the issued license, including: business name; Head office address but still in the provincial area that issued the license; legal representative of the enterprise;

b) Lost license;

c) Damaged license with incomplete information on the license;

d) Change of head office address to a different provincial area than the place where the license was issued permission.

2. Dossier to request re-issuance of license is as follows:

a) Written request for re-issue of license according to Form No. 05/PLIII Appendix III issued with this Decree;

b) Copy of business registration certificate in case of changing the business name, head office address but still in the province where the license was issued or the license is damaged and no longer has all the information on the license license;

c) Documents specified in Clauses 2, 3 and 4, Article 24 of this Decree in case the enterprise changes its legal representative;

d) Documents specified in Clauses 2, 3, 4 and Clause 5, Article 24 of this Decree in case the license is suspended lost;

Thus, according to regulations, in case a labor subleasing enterprise changes its legal representative, it must request the Chairman of the Provincial People’s Committee to re-issue its Operating License.

What is the order and procedures for reissuing a labor subleasing operating license in case an enterprise changes its legal representative?

Pursuant to Clause 3, Article 27 of Decree 145/2020/ND-CP stipulating that the order and procedures for reissuing the labor subleasing operating license in case the enterprise changes its legal representative include the following steps:

Step 1: The labor subleasing enterprise sends a set of application documents to reissue the license to the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered to request the reissue of the license.

After checking all documents, the Department of Labor, War Invalids and Social Affairs issues a receipt clearly stating the date, month and year of receipt of the application for license extension;

Step 2: Within 15 working days from the date of receiving the prescribed documents, the Department of Labor, War Invalids and Social Affairs shall verify and submit to the Chairman of the Provincial People’s Committee to re-issue the license to the enterprise.

In case the dossier does not comply with regulations, within 07 working days from the date of receiving the dossier, the Department of Labor, War Invalids and Social Affairs shall send a document requesting the enterprise to complete the dossier;

Step 3: 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 re-issue the license to the enterprise;

In case the license is not reissued, there will be a written response from the enterprise clearly stating the reason for not reissuing the license.

How long is the reissued labor sublease operating license?

The duration of the reissued labor subleasing operating license is specified in Clause 3, Article 23 of Decree 145/2020/ND-CP as follows:

Labor subleasing operating license dynamic

1. Labor subleasing operation license printed on cardboard with A4 size (21 cm x 29.7 cm); The front side shows the content of the license on a white background with a blue pattern, an imprinted national emblem, and a black border; The back has the national emblem, national emblem and the words “LABOR RENTAL OPERATING LICENSE” printed on a blue background.

2. Content of labor subleasing operation license 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;

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

Thus, according to regulations, the reissued Labor Subleasing License has a term equal to the remaining term of the previously issued license.