Conditions for applying for a labor subleasing operating license

Labor subleasing operating license is an important legal document for businesses doing business in this field. To be granted a license, businesses need to meet the conditions of legal representative, deposit and other requirements according to regulations. The article below will provide detailed information about the conditions and procedures for applying for a labor subleasing license that businesses need to know.

Which jobs are subleased?

According to Appendix II of the list of jobs allowed to sublease labor issued with Decree 145/2020/ND-CP, there are 20 occupations that are allowed to sublease labor. This list includes:

• Interpretation, translation, shorthand;
• Secretary, administrative assistant;
• Receptionist;
• Travel guide;
• Sales support;
• Project support;
• Programming production machine systems;
• Production and installation of television and telecommunications equipment;
• Operate, inspect, and repair construction machinery and production electrical systems;
• Cleaning buildings and factories;
• Document editing;
• Bodyguards, guards;
• Marketing and customer care via phone;
• Handling financial and tax issues;
• Repairing and checking automobile operations;
• Scanning, industrial technical drawing, interior decoration;
• Drive;
• Management, operation, maintenance and service on ships;
• Management, supervision, operation, repair, maintenance and service on oil and gas rigs;
• Piloting aircraft, serving on aircraft, maintaining and repairing aircraft and aircraft equipment, dispatching, operating flights, and monitoring flights.

Limiting the list of jobs that can be subleased is to ensure workers’ rights and strictly manage this activity. Enterprises should note that they are only allowed to sublease workers within the scope of the above jobs.

Conditions for applying for a license to operate labor subleasing businesses

According to the provisions of Article 21 of Decree 145/2020/ND-CP, to be granted a license to operate labor sublease, businesses need to meet the following conditions:

For the legal representative of the enterprise:

• Be a business manager according to the provisions of the Enterprise Law;
• No criminal record;
• Have worked directly as a professional or manager in labor subleasing or labor supply for 3 years (36 months) or more within the 5 consecutive years before applying for a license.

For businesses: A deposit of 2,000,000,000 VND (two billion VND) has been made.

These conditions are to ensure that businesses have enough financial capacity and expertise to carry out labor subleasing activities. Escrow also helps protect workers’ rights in case a dispute arises.

Procedures for applying for a labor subleasing operating license

Documents need to be prepared

According to the provisions of Article 24 of Decree 145/2020/ND-CP, the application file for a labor subleasing operating license includes:

• The enterprise’s written request for a license follows Form No. 05/PLIII Appendix III issued with Decree 145/2020/ND-CP;
• Copy of business registration certificate;
• Curriculum vitae of the legal representative of the enterprise;
• Criminal record number 1 of the legal representative of the enterprise;
• Document proving the time of direct professional or management of labor subleasing or labor supply of the legal representative of the enterprise;
• Certificate of deposit for labor subleasing activities Form No. 01/PLIII Appendix III issued with Decree 145/2020/ND-CP.

Enterprises need to fully prepare the above documents, ensuring the accuracy and validity of each type of document according to regulations.

Implementation order and procedures

The process of applying for a labor subleasing operating license is carried out according to the provisions of Article 25 of Decree 145/2020 as follows:

Step 1: The enterprise submits 01 set of documents according to regulations to the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered.

Step 2: Within 20 working days from the date of receiving complete and valid documents, the Department of Labor, War Invalids and Social Affairs verifies and submits to the Chairman of the Provincial People’s Committee to issue a license to the enterprise.

Step 3: Within 07 working days from the date of receiving the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People’s Committee shall consider and issue a license to the enterprise.

In case the dossier is incomplete or invalid, the Department of Labor, War Invalids and Social Affairs will send a written request to the enterprise to complete the dossier within 10 working days.

Licensing term

According to the provisions of Article 23 of Decree 145/2020/ND-CP, the term of the labor subleasing operating license is prescribed as follows:

• Maximum license term is 60 months;
• The license can be renewed many times, each extension is for a maximum of 60 months;
• The term of the reissued license is equal to the remaining term of the previously issued license.

Businesses need to pay attention to this deadline to proactively carry out procedures to extend or re-issue licenses when necessary, ensuring continuous and legal business operations.

Consulting services and support for applying for a labor subleasing operating license

With many years of experience in the field of business consulting, Long Phan provides services to support businesses in applying for a labor subleasing operating license. Our services include:

• Consulting on conditions and procedures for applying for licenses;
• Support in preparing complete and accurate documents;
• Business representatives submit applications and monitor processing progress;
• Answer questions and support businesses throughout the license application process;
• Consulting on other issues related to labor subleasing activities.

Applying for a labor subleasing operating license is a complicated procedure, requiring businesses to master the relevant legal regulations. For detailed advice and support during the license application process, please contact Long Phan via hotline 0906735386. We are ready to assist you in completing your documents and carrying out the necessary procedures. necessary to ensure the licensing process goes smoothly.