Tiếng Việt
中文The legal representative of a labor subleasing enterprise is regulated in Clause 1, Article 21 of Decree 145/2020/ND-CP:
“Conditions for license issuance
1. The legal representative of an enterprise conducting labor subleasing activities must satisfy the following conditions:
a) Being an enterprise manager as prescribed by the Law on Enterprises;
b) Having no criminal record;
c) Having at least 03 years (36 months) of direct professional or managerial experience in labor subleasing or labor supply within the 05 consecutive years preceding the license application.
2. The enterprise has made a deposit of VND 2,000,000,000 (two billion Vietnamese dong).”Related services
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Accordingly, one of the conditions for a labor subleasing enterprise to be granted a Labor Subleasing Operation License is that its legal representative must be an enterprise manager as prescribed by the Law on Enterprises 2020 (amended and supplemented by Law 76/2025/QH15, effective from 01/7/2025).
Therefore, the legal representative of a labor subleasing enterprise must be an enterprise manager.
At the same time, such person must have no criminal record; and must have at least 03 years (36 months) of direct professional or managerial experience in labor subleasing or labor supply within the 05 consecutive years preceding the license application.
1. May a labor subleasing enterprise whose legal representative was once the representative of an enterprise using a fake license be granted an Operation License?
This case is regulated in Clause 5, Article 25 of Decree 145/2020/ND-CP:
“License issuance procedures
…
3. Within 20 working days from receipt of a dossier meeting the requirements, the Department of Home Affairs appraises and submits it to the Chairperson of the provincial-level People’s Committee for license issuance to the enterprise.
Where the dossier does not meet the requirements, within 10 working days from receipt, the Department of Home Affairs sends a written request for the enterprise to complete the dossier.
4. Within 07 working days from receipt of the Department of Home Affairs’ submission, the Chairperson of the provincial-level People’s Committee considers and issues the license to the enterprise; where the license is not issued, a written reply stating the reasons is sent to the enterprise.
5. No license shall be issued in the following cases:
a) Failing to satisfy the conditions in Article 21 of this Decree;
b) Having used a fake license for labor subleasing activities;
c) Having a legal representative who was the legal representative of an enterprise whose license was revoked for the reasons in Points d, dd, and e, Clause 1, Article 28 of this Decree within the 05 consecutive years preceding the license application;
d) Having a legal representative who was the legal representative of an enterprise using a fake license.”
Thus, where the legal representative of a labor subleasing enterprise was once the legal representative of an enterprise using a fake license, the enterprise may not be granted a Labor Subleasing Operation License.
2. What is the maximum validity of a Labor Subleasing Operation License?
The term of a Labor Subleasing Operation License is regulated in Clause 3, Article 23 of Decree 145/2020/ND-CP:
“Labor Subleasing Operation License
1. The Labor Subleasing Operation License is printed on A4-size (21 cm x 29.7 cm) cardboard; the front bears the license content on a white background with blue patterned lines, a watermarked national emblem, and a black frame; the back bears the national name, national emblem, and the words ‘GIẤY PHÉP HOẠT ĐỘNG CHO THUÊ LẠI LAO ĐỘNG’ printed on a blue background.
2. The license content follows Form 04/PLIII of Appendix III issued with this Decree.
3. The license term is as follows:
a) Maximum license term of 60 months;
b) The license may be renewed multiple times, each renewal for a maximum of 60 months;
c) A re-issued license has a term equal to the remaining term of the previously issued license.”
Accordingly, a Labor Subleasing Operation License has a maximum term of 60 months and may be renewed multiple times, each renewal for a maximum of 60 months.
Notes on applying current legal provisions
This article belongs to the Enterprise & M&A Knowledge group and is presented for reference, helping readers understand the legal issue at an overview level before preparing dossiers or conducting transactions.
Legal provisions may change depending on timing, locality, dossier type, and specific circumstances. Where it is necessary to determine the exact legal basis applicable to your dossier, please contact an ANT Legal lawyer at 0966.475.966 for review and advice before proceeding.
Common risks to note
- Applying legal documents that have been amended, supplemented, or replaced.
- Preparing incomplete dossiers, documents, or evidence.
- Misunderstanding the applicable conditions, procedures, time limits, or competent authority.
- Signing, filing, or conducting transactions without fully assessing legal risks.
How can ANT Legal help?
ANT Legal assists in reviewing specific situations, checking dossiers, identifying the applicable legal basis, advising on handling plans, and representing you in working with individuals, organizations, or competent authorities when necessary.
For quick advice, you may contact a lawyer at 0966.475.966.
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