Procedure for the issuance of a license to operate labor subleasing

Through the following article, Siglaw will introduce to clients the profile; the order and procedures for granting a license for labor subleasing.

1. Applications for a license for labor subleasing

Applications for a labor subleasing license include:

• The enterprise's application for a license is made according to Form No. 05/PLIII of Decree 145/2020/ND-CP.

• Autobiographical curriculum vitae according to Form No. 07/PLIII Decree 145/2020/ND-CP.

• Criminal record card (LLTP) No. 1 of the representative. In case the representative is a foreigner who is not subject to the issue of LLTP ticket No. 1, it will be replaced with the LLTP ticket in the country of nationality.

• These documents are issued no more than 06 months before the date of application submission. Documents in foreign languages ​​must be translated into Vietnamese, authenticated and consular legalized in accordance with law.

• A document proving that he has worked directly as a professional or manager in labor subleasing or labor supply for full 03 years (36 months) or more within 05 consecutive years before applying for a license authorized representative, including one of the following documents:

  • A certified copy of the original labor contract or work contract or the representative's decision on recruitment, appointment and assignment of tasks.

  • A certified true copy of the original appointment decision (for persons working under the appointment system) or the written recognition of election results (for persons working under the electoral system) of the representative or copy of the certificate of business registration (for the case of being the legal representative of the sub-lease or labor supply enterprise).

  • These documents, if they are foreign documents, must be translated into Vietnamese, authenticated and consular legalized in accordance with law.

  • Certificate of deposit for labor subleasing, made according to Form No. 01/PLIII of Decree 145/2020/ND-CP.

2. Procedures for the issuance of a license to work subleasing

Step 1: Submit an application for a Labor Subleasing License

The enterprise sends a prepared dossier with the composition as in Section 1 of this article to the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered to apply for a license.

After checking all the required documents, the Department of Labor, War Invalids and Social Affairs shall issue a receipt clearly stating the date, month and year of receipt of the application for a permit.

Step 2: Wait for a response to the result of the application for a license to work subleasing and re-complete the application (if any).

Within 20 working days from the date of receipt of the secured dossier as prescribed, the Department of Labor, War Invalids and Social Affairs shall verify and submit it to the President of the provincial People's Committee for issuance of a license to the enterprise.

In case the dossier is not secure as prescribed, within 10 working days from the date of receipt of the dossier, the Department of Labor, War Invalids and Social Affairs shall send a written request to the enterprise to complete the dossier.

Step 3: Get a Labor Sublease Operation License

Within 07 working days from the date of receiving the dossier submitted by the Department of Labor - Invalids and Social Affairs, the President of the provincial People's Committee shall consider and grant the license to the enterprise; in case the license is not granted, the enterprise shall reply in writing, clearly stating the reason for not granting the license.

Cases of non-licensing include:

• Failing to meet the conditions prescribed by law on the conditions for granting a labor subleasing license.

• Used a fake license for labor subleasing.

• Having a legal representative who has been the legal representative of the enterprise whose license has been revoked for 5 consecutive years before applying for a license for subleasing activities.

• Having a legal representative who used to be the legal representative of an enterprise using a fake license.

3. Legal basis

Decree 145/2020/ND-CP of the Government dated December 14, 2020 detailing and guiding the implementation of a number of articles of the Labor Code on labor conditions and labor relations.