Labor export has become a significant and rapidly growing industry, particularly in Vietnam. For partners seeking opportunities in labor export, obtaining a labor export service license is essential to operate fully and effectively.
With a team of highly experienced and skilled professionals, we are committed to providing the best services to our clients. We guide clients through every step, from preparing the dossier to successfully obtaining the labor export service license.
Our clients benefit from professional services, optimized costs, and assured timelines. Contact us today for the best consultation and support!
This article provides guidance on the procedures and steps for obtaining a labor export service license, as follows:
Mục lục bài viết
1. Entities Eligible for a Labor Export Service License
Enterprises eligible for consideration for a license to provide services for sending Vietnamese workers to work abroad (hereinafter referred to as the “License”) must be established and operate under the Enterprise Law, with 100% charter capital owned by Vietnamese organizations or individuals, and must meet the following capital requirements:
- Statutory capital of at least VND 5,000,000,000 (Five billion Vietnamese Dong).
- Owners, members, or shareholders must be domestic investors as stipulated in the Investment Law.
2. Conditions for Obtaining a Labor Export Service License
Conditions on Enterprise Type and Capital:
- The enterprise must be a limited liability company, joint-stock company, or partnership company established and operating under the Enterprise Law;
- Have statutory capital of at least VND 5,000,000,000;
- Owners, members, or shareholders must be domestic investors as stipulated in the Investment Law.
Conditions on Security Deposit:
Enterprises applying for a labor export license must deposit VND 2,000,000,000 (Two billion Vietnamese Dong) at a commercial bank or a foreign bank branch legally established and operating in Vietnam.
Conditions on the Legal Representative:
- Must be a Vietnamese citizen with at least a university degree;
- Have at least 5 years of experience in the field of sending Vietnamese workers to work abroad under contracts or in employment services;
- Must not be under criminal prosecution or have a criminal record for offenses related to national security, or crimes against life, health, dignity, or honor.
Conditions on Professional Staff:
Enterprises applying for a labor export license must have at least one professional staff member responsible for implementation, meeting one of the following criteria:
- Holds a college degree or higher in fields such as law, humanities, social services, social and behavioral sciences, or business and management;
- If not trained in the above fields, must have at least 2 years of experience in sending Vietnamese workers to work abroad under contracts.
Conditions on Facilities:
Enterprises applying for a labor export license must meet the following facility requirements:
- Have classrooms and dormitory facilities for at least 100 trainees at any given time, with first aid and emergency facilities and equipment;
- Classrooms must have a minimum area of 1.4 m² per trainee, equipped with basic learning facilities;
- Dormitory rooms must have a minimum area of 3.5 m² per trainee, equipped with basic facilities to support residential living, with a maximum of 12 trainees per room; male and female trainees must have separate dormitory areas, with sufficient bathrooms and toilets;
- If the enterprise leases facilities for orientation education, the lease term must be at least 2 years at the time of submitting the license application.
Conditions on Electronic Information Portal:
Enterprises applying for a labor export license must meet the following requirements for their electronic information portal:
- Must have a Vietnamese national domain name “.vn”;
- Must publish basic enterprise information, the license (after issuance), and information about the activities of sending Vietnamese workers to work abroad under contracts;
- Must ensure continuous and regular operation.
3. Procedures for Applying for a Labor Export Service License
Step 1: Submission of the License Application Dossier
The enterprise submits the application dossier for a labor export service license to the Department of Overseas Labor Management – Ministry of Labor, Invalids, and Social Affairs.
The application dossier includes the following documents:
- A written request for the license from the enterprise;
- A copy of the Enterprise Registration Certificate;
- Documents proving compliance with the statutory capital requirement of VND 5,000,000,000;
- A certificate of the security deposit of VND 1,000,000,000 from the commercial bank where the deposit is made;
- A proposal for activities related to sending workers to work abroad;
- A curriculum vitae of the leader responsible for managing labor export activities;
- An organizational plan (for enterprises participating in labor export activities for the first time) or a report on the organizational structure for labor export activities and the training structure for providing necessary knowledge to workers before working abroad;
- A list of key information about professional staff in the labor export organizational structure, including full name, date of birth, position, professional qualifications, foreign language proficiency, and assigned tasks;
- A power of attorney for carrying out the procedure to apply for the labor export service license.
Step 2: Processing the License Application Dossier
- Within 30 days from the date of receiving a complete and valid dossier, the Minister of Labor, Invalids, and Social Affairs reviews and issues the license to the enterprise after consulting one of the following authorities:
- The head of the agency that decided to establish or proposed to the Prime Minister to establish a state-owned enterprise;
- The person who decided to establish an enterprise under a political organization, socio-political organization, social organization, or socio-professional organization;
- The Chairperson of the People’s Committee of the province or centrally-run city where the enterprise is headquartered, for enterprises not covered under the above cases.
- If the license is not issued, the Minister of Labor, Invalids, and Social Affairs must provide a written response to the enterprise, clearly stating the reasons for refusal.
4. Legal Basis
- Law on Vietnamese Workers Working Abroad 2020;
- Decree 112/2021/NĐ-CP guiding the Law on Vietnamese Workers Working Abroad under Contracts;
- Circular 21/2021/TT-BLĐTBXH guiding the Law on Vietnamese Workers Working Abroad under Contracts, issued by the Minister of Labor, Invalids, and Social Affairs.
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.
