Currently, the licensing of labor leasing is specified in the Labor Code 2012. Thus, enterprises are required to understand these regulations in order to be able to comply with the requirements of the law.
WHAT IS LICENSING OF LABOR LEASING?
According to Decree 55/2013/ND-CP, labor leasing enterprises are enterprises established and operating in accordance with law, with the duty and function of leasing employees under labor contracts. These enterprises do not directly use their employees but supply them to other individuals and organizations in the form of temporary work. Since labor leasing is a conditional business, enterprises must be licensed before conducting this business line. The term of license for labor leasing operations does not exceed 36 months. Labor leasing only applies for only 17 specific jobs as follows:
- Interpreting, Translating, Stenograph;
- Clerk, administrative assistant;
- Receptionist:
- Tour guiding:
- Sale support;
- Project support;
- Programmer of production machine system;
- Producing, installing equipment of broadcasting and telecommunication;
- Operating/ examining/ repairing machines for construction, electrical system for production;
- Cleaning and keeping sanitation of buildings, factories;
- Editing documents;
- Bodyguard/ guard staff;
- Marketing/ Caring customers through telephone;
- Handling financial and tax problems;
- Repairing/ examining operation of cars;
- Scanning, drawing in technique and industry/ home decoration;
- Driving.
CONDITIONS FOR LICENSING LABOR LEASING
Since labor leasing is a conditional business, enterprises that wish to conduct this business line must satisfy the following conditions:
- The enterprise must make a deposit of VND 2,000,000,000 at a commercial bank;
- The legal capital requirement for business registration is VND 2,000,000,000 and the enterprise must maintain its charter capital not lower than the legal capital during its operation;
- The locations of head offices, branches and representative offices of labor leasing enterprises must be stable for at least 02 years.
In addition, the head of the enterprise, branch or representative office who wishes to be licensed to conduct labor leasing business must satisfy the following conditions:
- Having full civil act capacity, clear biography;
- Having at least 03 years of working experience in the field of labor leasing;
- During three consecutive years before requesting for license of the labor leasing services, they were not heads of the enterprises whose business registration certificates were withdrawn or they did not commit again acts of forging dossiers applying for grant, re-grant of Enterprise registration certificate, dossiers applying for grant, re-grant or extension of license for the outsourcing services.
APPLICATION DOSSIERS FOR LICENSING OF LABOR LEASING
- Written request for grant of license for the labor leasing services;
- Documents proving eligibility on legal capital;
- Certificate of having conducted payment of deposit;
- Enterprise registration certificate;
- The résumé of enterprise head;
- Documents proving eligibility on locations: Certificate of land use right, house ownership certificate.
COMPETENT AUTHORITIES TO GRANT LICENSES OF LABOR LEASING
Agencies receiving and appraising the contents of the dossiers of application for License of Labor leasing shall be Departments of Labor, Invalids and Social Affairs of provinces and centrally-run cities. The agency licensing Labor leasing shall be the Ministry of Labor, Invalids and Social Affairs.
TIME LIMIT FOR GRANTING LICENSES OF LABOR LEASING
Within 30 working days after receiving complete and valid dossiers, the Minister of Labor, Invalids and Social Affairs shall base on the provisions of law to grant Licenses to enterprises.
PHAN LAW VIETNAM
Hotline: 1900.599.995 – 0794.80.88888
Email: info@phan.vn
