Tiếng Việt
中文 (中国), what conditions must a driver rental business meet? is legal content that readers often need to check carefully before implementing in practice. This article has been systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
1. Business conditions for hiring drivers?
(i) Employers have the right directly or through employment service organizations and labor sublease businesses to recruit workers according to the employer’s needs.
(ii) Labor subleasing is when an employee signs a labor contract with an employer who is a labor subleasing enterprise, then the employee is transferred to work and is under the management of another employer while still maintaining the labor relationship with the employer who signed the labor contract.
(iii) Labor subleasing activity is a conditional business line, only carried out by enterprises with a Labor Subleasing License and applicable to certain jobs.
(iv) Labor subleasing enterprises must deposit a deposit and be granted a Labor Subleasing Operation License.
(v) Labor subleasing enterprise is an enterprise established under the provisions of the Law on Enterprises 2020, licensed to operate labor subleasing, recruiting, entering into labor contracts with workers, then transferring the workers to work and being managed by another employer while still maintaining a labor relationship with the enterprise that signed the labor contract (hereinafter referred to as subleasing enterprise).
Thus, the driver rental business belongs to the labor subleasing activity. Accordingly, businesses need to deposit a deposit and have a Labor Subleasing License.
(Clause 1 Article 11, Article 52, Clause 1 Article 54 Labor Code 2019)
2. What is included in the list of jobs to be subleased in 2024?
Specifically, the List of jobs that can be performed by subleasing labor is specified in Appendix II issued with Decree 145/2020/ND-CP.
3. What are the conditions for licensing labor subleasing activities in 2024?
(i) The legal representative of the enterprise conducting labor subleasing activities must ensure the following conditions:
– Is a business manager according to the provisions of the Law on Enterprises 2020.
– No criminal record.
– Have worked directly as a professional or manager in labor subleasing or labor supply for 3 years or more within the 5 consecutive years before applying for a license.
(ii) The enterprise has made a deposit of 02 billion VND.
(Article 21 of Decree 145/2020/ND-CP)
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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