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Licensing Procedures for a Security-Guard Labor-Leasing Company

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1. How is the business license of a security-guard labor-leasing company regulated?

Under Article 30 of Decree No. 145/2020/ND-CP and Appendix II to this Decree on the list of jobs permitted for labor subleasing, security is one of the permitted jobs, so a security-guard labor-leasing company is issued a labor subleasing license under Article 23 of Decree No. 145/2020/ND-CP as follows:

“Article 23. Labor subleasing licenses

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1. A labor subleasing license is printed on hard A4 paper (21 cm x 29.7 cm); the front bears the license content on a white background with light-blue patterns, a watermarked national emblem and a black border; the back bears the national motto, the national emblem and the words “GIẤY PHÉP HOẠT ĐỘNG CHO THUÊ LẠI LAO ĐỘNG” on a light-blue background.

2. The license content follows Form No. 04/PLIII of Appendix III to this Decree.

3. The license term is regulated as follows:

a) The maximum license term is 60 months;

b) The license may be extended multiple times, each extension not exceeding 60 months;

c) The term of a re-issued license equals the remaining term of the previously issued license.”

2. What is the licensing procedure for a security-guard labor-leasing company?

Under Article 25 of Decree No. 145/2020/ND-CP, the licensing order and procedures are as follows:

  • The enterprise submits one dossier under Article 24 of this Decree to the Department of Home Affairs of the province where its head office is located to request the license.
  • After verifying the documents under Article 24, the Department of Home Affairs issues a receipt stating the date of receipt of the license application dossier.
  • Within 20 working days from receipt of a complete dossier, the Department of Home Affairs verifies it and submits it to the Chairman of the provincial-level People’s Committee for licensing.
  • If the dossier is not complete, within 10 working days from receipt, the Department of Home Affairs issues a written request for the enterprise to complete the dossier.
  • Within 07 working days from receipt of the Department’s submission, the Chairman of the provincial-level People’s Committee considers and issues the license; if not issuing the license, the Chairman provides a written reply stating the reasons.
  • The license is not issued in the following cases:
    • The conditions under Article 21 of this Decree are not satisfied;
    • A fake license has been used for labor subleasing operations;
    • A legal representative was formerly 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 before the license application;
    • A legal representative was formerly the legal representative of an enterprise that used a fake license.

3. Must the license be re-issued when moving operations to another province?

Under Article 31 of Decree No. 145/2020/ND-CP on the responsibilities of subleasing enterprises:

  • Publicly post the original license at the head office and certified copies of the license at branches and representative offices (if any). When operating in another province, the subleasing enterprise sends a certified copy of the license to that province’s Department of Home Affairs for monitoring and management — no re-issuance of the license is required.
  • Report on labor subleasing operations every 6 months and annually using Form No. 09/PLIII of Appendix III to this Decree, to the Chairman of the provincial-level People’s Committee and the Department of Home Affairs where the head office is located; also report to the Department of Home Affairs where the enterprise operates in another province on operations in that area. Six-month reports are due before June 20 and annual reports before December 20.
  • Promptly report incidents related to labor subleasing operations to competent local state agencies or as required by state labor management agencies.
  • Fully perform the responsibilities of a subleasing enterprise under Article 56 of the Labor Code and this Chapter.

Notes on applying current legal provisions

This article is presented for reference purposes, helping readers understand the legal issue at a general level before preparing dossiers or conducting transactions. Legal provisions may change over time and by locality, dossier type, and specific circumstances. Where an accurate determination of the applicable legal basis is needed, please contact an ANT Legal lawyer at 0966.475.966 for review and advice before proceeding.

Common risks to watch for

  • Applying legal instruments that have been amended, supplemented, or replaced.
  • Preparing incomplete dossiers, documents, or evidence.
  • Misunderstanding conditions, order, deadlines, or competent authorities.
  • Signing, filing, or conducting transactions without fully assessing legal risks.

How can ANT Legal help?

ANT Legal assists in reviewing specific situations, checking dossiers, determining the applicable legal basis, advising on handling plans, and representing clients before individuals, organizations, or competent authorities where necessary. For prompt advice, please contact our lawyers at 0966.475.966.

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