Procedure for Obtaining a Labor Subleasing License

Labor subleasing is a service that enables enterprises to meet their human resource needs by hiring workers from service providers, thereby reducing costs and enhancing flexibility in personnel management. However, to engage in labor subleasing while ensuring compliance with legal regulations, enterprises must obtain a labor subleasing license. With our team of experienced professionals, our labor subleasing license application service ensures that enterprises can engage in labor subleasing legally and in accordance with the law, facilitating a smoother and more efficient business operation.

This article provides guidance on the procedures and steps for obtaining a labor subleasing license, as follows:

1. Establishing an Enterprise

Before applying for a labor subleasing license, an enterprise must be established with the following industry codes:

2. Applying for a Labor Subleasing License

To apply for a labor subleasing license, an enterprise must meet the following conditions:

• The legal representative of the enterprise engaging in labor subleasing must satisfy the following requirements:
  • Be a manager of the enterprise as stipulated in the Enterprise Law;
  • Have no criminal record;
  • Have worked in the field of labor subleasing or labor supply for at least 3 years (36 months) within the 5 years immediately preceding the license application;
• The enterprise must have deposited a security deposit of VND 2,000,000,000 (Two billion Vietnamese Dong).

3. Dossier for Applying for a Labor Subleasing License

The dossier for applying for a labor subleasing license includes:

• A written request for the license from the enterprise, as per Form No. 05/PLIII, Appendix III issued with Decree 145/2020/NĐ-CP;
• A curriculum vitae of the enterprise’s legal representative, as per Form No. 07/PLIII, Appendix III issued with Decree 145/2020/NĐ-CP;
• Judicial Record Certificate No. 1, as per the legal provisions on judicial records, for the enterprise’s legal representative. If the legal representative is a foreigner not subject to Judicial Record Certificate No. 1, it may be replaced with a judicial record certificate from their country of nationality. These documents must be issued no more than 6 months prior to the dossier submission date. Documents in a foreign language must be translated into Vietnamese, certified, and consular legalized as per legal regulations;
• Documents proving the legal representative’s direct professional or managerial experience in labor subleasing or labor supply, as stipulated in Point c, Clause 1, Article 21 of Decree 145/2020/NĐ-CP, including one of the following:
  • A certified copy of the original labor contract, work contract, or decision on recruitment, appointment, or assignment of duties for the enterprise’s legal representative;
  • A certified copy of the original appointment decision (for those working under an appointment regime), a document recognizing the election result (for those working under an election regime), or a copy of the enterprise registration certificate (for cases where the legal representative is of an enterprise engaged in labor subleasing or labor supply). Documents specified in points a and b, if issued abroad, must be translated into Vietnamese, certified, and consular legalized as per legal regulations;
• A certificate of the security deposit for labor subleasing activities, as per Form No. 01/PLIII, Appendix III issued with Decree 145/2020/NĐ-CP.

4. Procedure for Obtaining a Labor Subleasing License

Step 1: The enterprise submits one dossier as prescribed to the Department of Labor, Invalids, and Social Affairs of the province or centrally-run city where the enterprise is headquartered to request the issuance of the license. After verifying that the dossier is complete, the Department of Labor, Invalids, and Social Affairs issues a receipt specifying the date of submission.

Step 2: Within 20 working days from the date of receiving a compliant dossier, the Department of Labor, Invalids, and Social Affairs reviews the dossier and submits it to the Chairperson of the provincial People’s Committee to issue the labor subleasing license to the enterprise. If the dossier does not meet the requirements, within 10 working days from the date of receipt, the Department of Labor, Invalids, and Social Affairs issues a written request for the enterprise to complete the dossier.

Step 3: Within 7 working days from receiving the dossier submitted by the Department of Labor, Invalids, and Social Affairs, the Chairperson of the provincial People’s Committee reviews and issues the license to the enterprise. If the license is not issued, a written response stating the reasons for refusal is provided to the enterprise.

Disclaimer:

This article is intended for informational purposes only and does not constitute legal advice from HTH & Partners. The content represents the views of HTH & Partners and is subject to change without prior notice.

The legal provisions referenced in this article were valid at the time of publication but may have been amended or repealed by the time of reading. We strongly recommend consulting a qualified legal professional before applying any information contained herein.