When implementing procedures for applying for a Labor export license, it is first necessary to pay attention to legal regulations related to the issuance of licenses for operating services that leave workers to work abroad, etc. So how can we understand what a license for labor export service operation is and related issues surrounding such a license?
Let's explore current legal regulations related to this issue with NPLaw below.
I. It is necessary to obtain a license for labor export service operation
The labor export service is an economic activity in the form of providing Vietnamese labor abroad under fixed-term contracts, serving the labor needs of foreign enterprises. It is a conditional business activity, so enterprises wishing to operate in this field must meet all legal requirements and obtain a license for labor export service operation issued by the competent state authority.
II. Regulations related to the license for labor export service operation
1. What is a license for labor export service operation?
A labor export license is a permit issued to enterprises engaging in services that leave Vietnamese workers abroad to work under contracts.
Such a labor export license has a light yellow pattern, a bronze drum background, the National emblem, and the English abbreviation of the Ministry of Labor, War Invalids and Social Affairs (MOLISA) with intaglio printing, on A4-sized cardboard (21 cm x 29.7 cm), with a green border.
Thus, enterprises that wish to operate services for leaving Vietnamese workers for labor export must obtain the license for labor export service operation before implementing the aforementioned activities.
2. Conditions for the license for labor export service operation
Pursuant to Article 10 of the Law on Vietnamese Guest Workers 2020, an enterprise is issued the License to operate services for leaving Vietnamese workers abroad under a specific contract when such an enterprise meets the following conditions:
- Having a charter capital of 5 billion VND or more; and having owners, all members, and shareholders who are domestic investors according to the Law on investment;
- Being deposited according to Article 24 of the Law on Vietnamese Guest Workers 2020;
- There is a legal representative who meets the conditions:
+ Being a Vietnamese citizen with a university degree or higher and at least 05 years of experience in the field of leaving Vietnamese workers abroad under contracts of employment services;
+ Being not subject to criminal prosecution;
+ Being not criminal record for any offenses:
+ Crime of prejudicing to national security;
+ Crimes infringing upon the life, health, dignity, and honor of individuals;
+ Crime of defrauding and seizing property;
+ Crime of abusing the trust to seize property;
+ Crime of performing false advertising;
+ Crime of deceiving customers;
+ Crime of organizing or brokering for others to exit, entry, or stay in Vietnam illegally;
+ Crime of organizing or brokering for others to flee or stay abroad illegally;
+ Crime of forcing someone to flee or stay abroad illegally.
- There are enough professional competence staffs to perform the contents as stated in Article 9 of the Law on Vietnamese Guest Workers 2020;
- The enterprise owns full facilities or obtains those leased stably to meet the guided educational requirements for Vietnamese workers going abroad for work under contract;
- There is the electronic information page.
You are reading information about labor export service operation licenses that is currently of interest.
3. Procedures and dossiers for applying for the license for labor export service operation
A dossier for the license for labor export service operation is stated in Clause 1, Article 12 of the Law on Vietnamese Guest Workers 2020, and Article 7 of Decree 112/2021/ND-CP, including:
+ A proposal for issuing the License;
+ A copy of the Enterprise Registration Certificate;
+ The company's charter at the time of applying for the License and documents proving the capital contribution as per the regulations of the Law on Enterprise;
+ The latest book of shareholder registration (for the joint-stock company);
+ A certificate of deposit for the service of leaving Vietnamese workers to work abroad under a contract made according to a set form;
+ The criminal record note must be issued no more than 06 months before the application for the License;
+ Professional degree documents;
+ A certificate of ownership of housing and other assets attached to the land or a lease contract for facilities to organize guided education, accompanied by a list confirmed by the enterprise regarding equipment, classroom layout, and dormitory area.
Pursuant to Article 12 of the Law on Vietnamese Guest Workers 2020, procedures for applying for the license for labor export service operation includes the following steps:
+ Step 1: The enterprise submits the dossier for the issuance of the labor export service operation license as mentioned above.
+ Step 2: The competent authority resolves the dossier.
Within 20 days from the date of receiving a complete and valid dossier, the Ministry of Labor, War Invalids and Social Affairs will review and issue a License to the enterprise;
In case of not issuing the License, a written response must be provided, clearly stating the reasons.
III. Questions related to the license for labor export service operation
1. Which authority has the competent to issue the license for labor export service operation?
Based on Clause 2, Article 11 of Decree 152/2020/ND-CP, the authority is regulated as follows: The Ministry of Labor, War Invalids and Social Affairs or the Department of Labour, Invalids and Social Affairs where an enterprise is expected to operate.
2. What contents does the application (proposal) for the license for labor export service operation include?
The application (proposal) for the labor export service operation license includes the following contents:
+ Enterprise information that needs to be registered
+ Charter capital
+ Attached documents
+ Assurance
+ Sign, full name of the representative
IV. Legal consulting services related to the license for labor export service operation
The above detailed information that our NPLaw provides to assist Clients regarding the license for labor export service operation. In case Clients have any further questions related to the above issue or other legal matters, please contact NPLaw immediately for our team to provide direct consultation and guidance.
