What do labor subleasing businesses need to do to be granted a labor subleasing operating license? How are the orders and procedures regulated?

What conditions need to be met to be granted a Labor Subleasing License?

According to the provisions of Article 21 of Decree 145/2020/ND-CP, businesses need to meet the following requirements: The following conditions are required to be granted a License, specifically:

– The legal representative of the enterprise carrying out labor subleasing activities must ensure the following conditions:

+ Being a business manager according to the provisions of the Enterprise Law;

+ No criminal record;

+ Have worked directly as a professional or manager in labor subleasing or labor supply for 3 years (36 months) or more within the 5 consecutive years before applying for a license.

– The enterprise has made a deposit of 2,000,000,000 VND (two billion VND)

What are the procedures to be granted a Labor Leasing License?

Subsection 3 Section I Part II Newly promulgated administrative procedures amending, supplementing, and abolishing in the field of labor and wages within the scope of state management functions issued together with Decision 338/QD-LDTBXH of 2021 guiding procedures for applying for a Labor Subleasing Operation License as follows:

Execution sequence

– Step 1: The enterprise sends 01 set of documents as prescribed to the Department of Labor, War Invalids and Social Affairs of the province or centrally run city where the enterprise is headquartered to request a license. After checking all required 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.

– Step 2: Within 20 working days from the date of receiving the required dossier as prescribed, the Department of Labor, War Invalids and Social Affairs verifies and submits to the Chairman of the Provincial People’s Committee to issue a labor subleasing operating license to the enterprise.

In case the dossier does not meet regulations, within 10 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 issue a license to the enterprise; In case the license is not granted, there will be a written response to the business clearly stating the reason for not granting the license.

How to do it

Follow one of the following forms:

– Submit application through the online public service portal of the Department of Labor, War Invalids and Social Affairs.

– Submit application directly to the Department of Labor, War Invalids and Social Affairs.

– Submit application by mail to the Department of Labor, War Invalids and Social Affairs.

Components and number of applications

* Document components include:

– Enterprise’s written request for a license according to Form No. 05/PLIII Appendix III issued with Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government.

– Curriculum vitae of the legal representative of the enterprise according to Form No. 07/PLIII Appendix III issued with Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government.

– Judicial record card No. 1 according to the law on judicial records of the legal representative of the enterprise. In case the legal representative is a foreigner who is not eligible to be issued a criminal record card No. 1, it will be replaced by a criminal record card in the country of nationality (the judicial record card is issued no more than 6 months before the date of application; documents in a foreign language must be translated into Vietnamese, authenticated and consularly legalized according to law).

– Document proving the time of direct professional or management work in labor subleasing or labor supply of the legal representative of the enterprise for 03 years (36 months) or more within the 05 years immediately preceding the license application is one of the following types of documents:

+ A certified copy of the original labor contract or working contract or decision on recruitment, appointment, assignment of tasks of the legal representative of the enterprise. In case the document is a foreign document, it must be translated into Vietnamese, authenticated and consularly legalized according to the law.

+ A certified copy of the original appointment decision (for those working under the appointment regime) or the document certifying the election results (for those working under the election regime) of the legal representative of the enterprise or a copy of the business registration certificate (in the case of the legal representative of a subleasing or labor supply enterprise). In case the document is a foreign document, it must be translated into Vietnamese, authenticated and consularly legalized according to the law.

– Certificate of deposit for labor subleasing activities according to Form No. 01/PLIII Appendix III issued with Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government.

* Number of documents: 01 (one) set.

Resolution deadline: 27 working days (from receipt of complete and valid documents).Subjects carrying out administrative procedures: Enterprises

Agency implementing administrative procedures: Chairman of the Provincial People’s Committee; Department of Labor, War Invalids and Social Affairs.

Results of implementing administrative procedures: License for labor subleasing activities or official letter notifying the reason for not granting a labor subleasing operating license (clearly stating the reason for refusal).

Fees and fees: No.

Name of application form, declaration form

– Enterprise’s written request for a License according to Form No. 05/PLIII, Appendix III issued with Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government.

– A personal resume of the legal representative of the enterprise according to Form No. 07/PLIII, Appendix III issued with Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government.

Requirements and conditions for implementing administrative procedures

a) Licensed enterprises must ensure the following regulations: following determination:

– The legal representative of the enterprise carrying out labor subleasing activities must ensure the following conditions:

+ Be a business manager according to the provisions of the Enterprise Law.

+ No criminal record.

+ Have worked directly as a professional or manager in labor subleasing or labor supply for 3 years (36 months) or more within the 5 consecutive years before applying for a license.

– The enterprise has made a deposit of 2,000,000,000 VND (two billion Vietnam Dong) at a Vietnamese commercial bank or foreign bank branch legally established and operating in Vietnam.

b) Enterprises will not be granted licenses in the following cases:

– Not ensuring the conditions as prescribed in Article 21 of Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government;

– Used a fake license to operate labor subleasing activities;

– There is a legal representative who used to be the legal representative of the enterprise whose license was revoked for the reasons in Points d, dd and e, Clause 1, Article 28 of Decree No. 145/2020/ND-CP dated December 14, 2020 of the Government for 5 consecutive years before applying for a labor subleasing license;

– There is a legal representative who used to be the legal representative of the enterprise using a fake license.

How is the labor subleasing operating license regulated?

According to Article 23 of Decree 145/2020/ND-CP, the labor subleasing operating license is as follows:

– Labor subleasing operating 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.

– Content of labor subleasing license according to Form No. 04/PLIII Appendix III issued with this Decree.

– The term of the license is specified as follows:

+ Maximum license term is 60 months;

+ The license can be renewed multiple times, each extension is for a maximum of 60 months;

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