According to present legislation, sub-leasing of labor contracts is one of the conditional business categories. In order to operate in this industry, the company must meet certain requirements and get a labor leasing license. So, what are the commercial conditions of this industry, as well as the licensing process? Hong Bang Law Firm would like to give the following advice to Clients to clarify this procedure:

Legal basis

• Labor Code 2019
• Decree No. 145/2020/ND-CP detailing and guiding the implementation of a number of articles of the Labor Code on labor conditions and labor relations

Conditions for labor sub-lease

A labor sub-leasing enterprise is an enterprise established in accordance with the Law on Enterprises, licensed for labor leasing, recruiting, entering into labor contracts with employees, then transferring employees to work and under the administration of other employers while maintaining labor relations with enterprises the business has concluded a labor contract (hereafter referred to as a sub-lease enterprise).

• The legal representative of the enterprise performing the labor sub-leasing activities must ensure the following conditions:
• Being a business manager in accordance with the Law on Enterprises;
• No criminal record;
• Have had a direct time working as a professional or manager on labor sub-lease or labor supply for a full 03 years (36 months) or more for a period of 05 years before applying for a license.
• The enterprise has made an deposit of VND 2,000,000,000 (VND2 billion).

Procedures for issuance of work leasing permits

Application for labor sub-lease permit

• A written request for a license of the enterprise according to form No. 05/PLIII Appendix III issued together with this Decree;
• The autobiographical resume of the legal representative of the enterprise according to form No. 07/PLIII Appendix III issued together with this Decree;
• Judicial record card No. 1 in accordance with the law on judicial record of the legal representative of the enterprise. In case the representative is a foreigner who is not subject to the issuance of judicial record card No. 1, it shall be replaced by a judicial record card in the state of nationality; the documents mentioned in this Clause shall be issued no more than 06 months before the date of submission of the application. Documents in foreign languages must be translated into Vietnamese, certified and consular legalized in accordance with law;
• The document proving the time of direct professional work or management of labor leasing or labor supply of the legal representative of the enterprise specified in Point c Clause 1 Article 21 of this Decree is one of the following types of documents:
• Certified copies from the original labor contract or work contract or decision on recruitment, appointment and assignment of thelegal representative of the enterprise;
• Certified copies from the original appointment decision (for persons working under the appointment regime) or documents recognizing election results (for persons working under the election regime) of the enterprise’s legal representatives or copies of enterprise registration certificates (for cases of being legal representatives of enterprises sub-lease or labor supply). The documents specified in Point a, Point b of this Clause are foreign documents, they must be translated into Vietnamese, certified and consular legalized in accordance with law.
• Certificate of deposit for labor leasing activities according to Form No. 01/PLIII Appendix III issued together with this Decree.

Procedures for applying for a license for labor leasing

Step 1: Submit application

The enterprise shall send a set of dossiers as prescribed in Article 24 of this Decree to the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered to request a license.

Step 2: The competent authority granting permission to receive and consider the validity of the dossier

• After examining all the papers specified in Article 24 of this Decree, the Department of Labor, War Invalids and Social Affairs shall issue a receipt stating the date, month and year of receipt of the application for a license.
• Within 20 working days from the date of receipt of the dossier of assurance as prescribed, the Department of Labor, War Invalids and Social Affairs shall verify and submit to the President of the Provincial-level People’s Committee for granting licenses to enterprises. In case the dossier is not guaranteed as prescribed, within 10 working days from the date of receipt of the dossier, the Department of Labor, War Invalids and Social Affairs shall issue a written request to the enterprise to complete the dossier.

Step 3: Return the results

Within 07 working days from the date of receipt of the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the President of the Provincial-level People’s Committee shall consider and issue licenses for enterprises; in case of non-issuance of licenses, there is a written reply to the enterprise stating the reason for not issuing the license.

Duration of labor sub-lease operation license

• The maximum duration of the license is 60 months;
• The license is renewed several times, each for a maximum of 60 months;
• The term of the license is reissued by the remaining period of the previously issued multi-license.

Services of Hong Bang

• Advising on conditions for being granted a work lease operation license;
• Assisting customers to provide information to complete the application for work leasing operation license;
• Drafting dossiers for issuance of work leasing operation licenses;
• Representatives of enterprises carrying out procedures for applying for work leasing operation licenses;
• Exchanging and providing information to customers in the process of applying for a work lease operating license. Receive and hand over to customers a license to operate labor export services.

If you need more detailed advice as well as how to access this service, please contact Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the legal consulting centre at 1900.6575 or send a service request via email: lienheluathongbang@gmail.com.

We wish you and your family good health, peace and success!

Best regards,