I. Licensing requirements
A. Content
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The legal representative of the enterprise:
a) Being the manager of the enterprise;
b) Having no criminal records;
c) Having working experience in the field of outsourcing or labor supply of at least full 36 months during the last 05 years preceding the date of submission of the license application dossier.
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The enterprise has made payment of deposit of VND 2,000,000,000 (two billion) at a commercial bank or a foreign bank’s branch duly established and operating in Vietnam.
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The license shall not be issued to the enterprise if its legal representative has acted as a legal representative of an enterprise having its license for outsourcing service revoked in the following cases within 05 years preceding the date of submission of application for license for outsourcing service:
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The enterprise allows another enterprise, organization or individual to use its license;
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The enterprise outsources employees to perform the jobs which are not on the list of permissible outsourced jobs;
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The enterprise has incurred penalties for administrative violations against regulations on outsourcing 03 times or more during a period of 36 months from the first violation;
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The enterprise provides fake documents when applying for issuance, extension or re-issuance of the license for outsourcing service, or erases or alters information on the issued license, or uses a fake license.
B. Changes to the previous regulations
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Supplementing a condition to the legal representative of the outsourcer: Having working experience in the field of outsourcing or labor supply of at least full 36 months during the last 05 years preceding the date of submission of the license application dossier.
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Abolishing the regulation on the legal capital for the enterprise proving labor outsourcing service.
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Removing the condition on the headquarter/ branch/ representative office for the outsourcer..
II. Application Dossier
A. Content
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The application form for outsourcing service licence
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The copy of the enterprise registration certificate
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The resume of the legal representative of the enterprise;
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The Justice Record No. 1 of the legal representative or the document granted by foreign authorities certifying that the expatriate legal representative has not committed any crimes or faced any criminal prosecutions.*The above-mentioned documents shall be issued within the last 06 months before the date of application submission.
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Document proving the working experience in the labor outsourcing/ labor supply field of the enterprise’s legal representative, which may be: the labor contract or working or appointment decision (for appointed person) or notice of voting results (for voted person) of the legal representative.
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The certificate of deposit for labor outsourcing service.
B. Changes to the previous regulations
Justice Record and Documents on proving working experience of the legal representative of the enterprise providing labor outsourcing service are regulated more clearly and specifically in Decree No. 29/NĐ-CP/2019. The Decree also issues form of the certificate of deposit for labor outsourcing service.
III. Authority to issue, extend, re-issue or revoke labor outsourcing service licence
A. Content
Chairperson of the People’s Committee of the province where the head office of the enterprise is located is competent to issue, extend, re-issue or revoke the license for outsourcing service
B. Changes to the previous regulations
Per the previous regulations, the Minister of Labor – Invalids and Social Affairs had authority to issue/extend/re-issue/ revoke the labor outsourcing service licence.
IV. Term of the labor outsourcing service licence
A. Content
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Term of the labor outsourcing service licence is 60 months at most;
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The license could be extended multiple times but the term of each extension shall not exceed 60 months;
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The term of the licence which is re-issued shall not exceed the remaining term of the license granted previously.
B.Changes to the previous regulations
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The maximum term of the labor outsourcing service licence increases from 36 months to 60 months
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Instead of the previously regulation where regulating the licence could be renewed for only 02 times – at most 24 months each time, per the new regulations, the licence is extended for many times – at most 60 months each time.
V. Procedures for issuance of the license for outsourcing service
A. Contents
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The enterprise shall submit 01 set of application dossier for labor outsourcing service licence to the Department of Labor, Invalids and Social Affairs of the province where the enterprise’s head office is located.
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Within 10 working days from the date of receipt of the application: the Provincial Department of Labor, Invalids and Social Affairs shall request the enterprise in writing to complete it if the received application is deemed unsatisfactory.
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Within 20 working days from the receipt of a complete application: the Provincial Department of Labor, Invalids and Social Affairs shall evaluate the received application, and request the Chairperson of the Provincial People’s Committee to issue the labor outsourcing service licence to the qualified enterprise.
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Within 07 working days from the receipt of written request from the Provincial Department of Labor, Invalids and Social Affairs:
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the Chairperson of the Provincial People’s Committee shall consider issuing the license to the enterprise.
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if the application is refused, the enterprise shall be provided with written reasons for such refusal.
B.Changes to the previous regulations
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Reducing the time for evaluation of application dossier and issuance of licence from 60 working days to 27 working days since the date of receiving proper application dossier;
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The enterprise just submits the application dosier at the Provincial Department of Labor – Invalids and Social Affairs, not at two places like before (i.e.: Provincial Department of Labor – Invalids and Social Affairs and Ministry of Labor – Invalids and Social Affairs).
VI. Extension of the labor outsourcing service licence
A. Content
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Submission Deadline: The application dossier for the licence extension should be submitted to the Provincial Department of Labor, Invalids and Social Affairs at least 60 working days before the expiry date of the current licence.
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The application form for extension of labor outsourcing service licence;
a) The application form for extension of labor outsourcing service licence;
b) The copy of the enterprise registration certificate;
c) The certificate of deposit for labor outsourcing service.
B. Changes to the previous regulations
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Shortening the time the enterprise has to submit the application dossier on requesting for licence extension before the expiry date of the current licence from 90 working days to 60 working days.
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Number of kinds of documents to be submitted are reduced.
VII. Re-issuance of the labor outsourcing service licence
A. Content
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The enterprise request for re-issuance of the licence in the following circumstances:
a) There is any change in the license’s contents, such as: name, head office’s address or legal representative of the outsourcer;
b) The outsourcer’s license is lost or destroyed by burning;
c) The license lacks information because of damage.
2. The application dossier for re-issuance of labor outsourcing service licence includes:
a) The application form for re-issuance of the licence; and
b) The current licence, a copy of the enterprise registration certificate in case where the enterpise’s name, head quarter’s address is changed or the licence is damaged and lacks of information; or
c) The current licence, a copy of the enterprise registration certificate, the legal reprsentative’s Resume/ and Justice Record/ and Working Experience Certificate in case where the enterprise’s legal representative changes; or
d) A copy of the enterprise registration certificate, the legal reprsentative’s Resume/ and Justice Record/ and Working Experience Certificate, the certificate on deposit for labor outsourcing service, the acknowledgement on the loss or burning of the licence certified by the competent authority of the place where such loss or burning occurs.
3. Procedures for re-issuance of labor outsourcing service licence is the same as the ones for issuance of licence.
B. Changes to the previous regulations
Consolidating and supplementing cases where the outsourcer could request for re-issuance of the licence.
VIII. Revocation of the labor outsourcing service licence
A. Content
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An enterprise shall have its license for outsourcing service revoked in the following circumstances:
a) The outsourcing service is terminated upon the enterprise’s request;
b) The enterprise is dissolved or announced bankrupt according to the Court’s decision;
c) The enterprise fails to meet the requirements for granting licence;
d) The enterprise allows another enterprise, organization or individual to use its license;
dd) The enterprise outsources employees to perform jobs which are not on the list of permissible outsourced jobs;
e) The enterprise has incurred penalties for administrative violations against regulations on outsourcing 03 times or more during a period of 36 months from the first violation;
g) The enterprise provides fake documents when applying for issuance, extension or re-issuance of the license for outsourcing service, or erases or alters information on the issued license, or uses a fake license;
h) The license is revoked in other cases as requested by the Court.
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An application for revocation of the labor outsourcing service licence in cases the labor outsourcing service is terminated upon the enterprise’s request or the enterprise is dissolved or announced bankcrupt pursuant to the court’s decision includes:
a) The application form for revocation of the labor outsourcing service licence;
b) The labr outsourcing service licence;
c) The enterprise’s report on the provision of labor outsourcing service.
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Procedures for revocation of the labor outsourcing service licence in cases the labor outsourcing service is terminated upon the enterprise’s request or the enterprise is dissolved or announced bankcrupt pursuant to the court’s decision shall be carried out as follows:
The enterprise shall send the application form to the Department of Labor, War Invalids and Social Affairs of the province or city where its head office is located;
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Within 10 working days from the receipt of the complete application, the Provincial Department of Labor, War Invalids and Social Affairs shall inspect and review the valid outsourcing service contracts signed by the enterprise, and request Chairperson of the Provincial People’s Committee to revoke the license;
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Within 07 working days from the receipt of the request of the Provincial Department of Labor, War Invalids and Social Affairs, Chairperson of Provincial People’s Committee shall make a decision on revocation of license for outsourcing service.
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Procedures for revocation of the labor outsourcing service licence in the reminaing cases shall be carried out as follows:
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When an outsourcer is found to commit one of the cases where the licence must be revoked, the Provincial Department of Labor, War Invalids and Social Affairs shall inspect and collect relevant evidences, and submit them to Chairperson of Provincial People's Committee for considering revoking the license;
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Within 07 working days from the receipt of documents from the Provincial Department of Labor, War Invalids and Social Affairs, Chairperson of Provincial People's Committee shall make decision on revocation of license for outsourcing service of the enterprise;
B. Changes to the previous regulations
Consolidating and supplementing cases where the outsourcer’s licence is revoked.
IX.Responsibilities of the enterprise when its labor ousourcing service license is revoked or refused for extension, re-issuance
A. Content
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Within 15 working days from the receipt of written refusal to extend or re-issue license for outsourcing service, or decision on revocation of license for outsourcing service from Chairperson of Provincial People's Committee, the outsourcer shall:
The outsourcer shall arrange jobs for the outsourced employees according to terms and provisions of the signed labor contracts. In case the employee have to terminate their employement, the outsourcer must pay for his/her termination in accordance with the laws.
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Liquidate all valid outsourcing service contracts;
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Settle all legitimate rights and interests of the outsourced employees and outsourcing parties as regulated by the labor laws;
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Disclose information about its termination of provision of outsourcing service on an electronic newspaper for 07 consecutive days.
B. Changes to the previous regulations
Consolidating responsibilities of the outsourcer when its labor outsourcing service lience is revoked or refused for extension, re-issuance into a seperate article.
X. List of Permissible outsourced jobs
A. Content
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Translating / stenograph
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Clerk / administrative assistant
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Receptionist
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Tour guiding
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Sales support
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Project support
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Programmer of production machine system
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Producing, installing equipment of broadcasting and telecommunication
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Operating / examining / repairing machines for construction, electrical system for production
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Cleaning and keeping sanitation of buildings, factories
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Editing documents
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Bodyguard / guard staff
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Marketing / Caring customers through telephone
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Handling financial and tax problems
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Repairing / examining operation of cars
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Scanning, drawing in technique and industry / home decoration
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Driving
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Managing, operating, maintaining, serving on the oversea ship;
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Managing, supervising, operating, reparing, maintaining, serving on the oil rig;
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Driving, serving on the plane/ Maintaining, reparing plane and plane equipments/ Regulating, operating flights.
B. Changes to the previous regulations
Supplementing 03 additional jobs into the list:
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Managing, operating, maintaining, serving on the oversea ship;
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Managing, supervising, operating, reparing, maintaining, serving on the oil rig;
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Driving, serving on the plane/ Maintaining, reparing plane and plane equipments/ Regulating, operating flightsere