Labor Subleasing License Service

A Labor Subleasing License Service is a strategic solution for enterprises to meet the strict business conditions under Decree 145/2020/ND-CP. To obtain the license, an enterprise must prove its financial capacity, the experience of its legal representative, and prepare a complex legal dossier. This analysis details the process, procedures, and the role of a professional unit in ensuring success. This approach saves time, prevents legal risks, and allows for efficient business commencement.

Detailed Registration Process for a Labor Subleasing License

Labor subleasing is a conditional business sector, strictly regulated by law. An enterprise entering this field must follow a rigorous registration process to be licensed. A clear understanding of this process helps the enterprise prepare a complete and accurate dossier, saving time and costs.

Successful registration requires identifying the correct competent authority, preparing all necessary documents, and adhering to the procedural steps defined by current law.

Competent Authority

As per Article 22 of Decree 145/2020/ND-CP, the competent authorities for the labor subleasing license service process are:

• The Chairman of the provincial-level People’s Committee where the enterprise’s head office is located has the final authority to issue, renew, re-issue, or revoke the operating license.
• The provincial Department of Labor, Invalids and Social Affairs (DOLISA) where the enterprise’s head office is located is the primary agency. DOLISA receives the application, appraises the conditions, and submits the dossier to the Chairman of the provincial People’s Committee for consideration.

Required Application Dossier

The dossier for a labor subleasing license service is detailed in Article 24 of Decree 145/2020/ND-CP. It includes five main components:

• A written request for the license, signed and sealed by the enterprise’s legal representative.
• A biographical curriculum vitae of the legal representative, providing details on personal background, education, and work experience.
• Judicial Record Certificate No. 1 of the legal representative, issued no more than six months before the submission date, to certify the absence of a criminal record. For a foreign representative, a judicial record from their country of nationality is required, which must be translated, notarized, and consularly legalized.
• Documents proving the work experience of the legal representative. This must show at least three years of experience in the labor subleasing or labor supply sector within the five years preceding the license application. Proof includes certified copies of labor contracts, appointment decisions, or equivalent documents.
• A certificate of the capital deposit for labor subleasing activities. This is a confirmation from a commercial bank that the enterprise has deposited a sum of 2,000,000,000 VND (two billion Vietnamese Dong).

Implementation Procedure

The registration procedure for a labor subleasing license service is specified in Clauses 1 and 2, Article 25 of Decree 145/2020/ND-CP. It consists of the following steps:

Step 1: Dossier Preparation and Submission The enterprise prepares one complete set of the five required documents and submits it directly to the provincial Department of Labor, Invalids and Social Affairs (DOLISA). The submitter must be the legal representative or a legally authorized person.

Step 2: Dossier Appraisal at DOLISA Upon receipt, DOLISA issues a receipt note specifying the date.

• Within 10 working days, if the dossier is incomplete, DOLISA will issue a written request for the enterprise to amend it.
• Within 20 working days of receiving a complete and valid dossier, DOLISA is responsible for verifying the information and submitting it to the Chairman of the provincial People’s Committee.

Step 3: License Issuance Within 7 working days of receiving the submission from DOLISA, the Chairman of the provincial People’s Committee will:

• Issue the labor subleasing operating license for a qualified enterprise.
• In case of refusal, provide a written response stating the reasons.

>>> See more at: Consulting on the rights and obligations of labor subleasing businesses.

Long Phan Consulting Company: A Professional Labor Subleasing License Service

With deep expertise in the process and complex legal regulations, Long Phan Consulting Company provides a comprehensive labor subleasing license service. We assist enterprises in obtaining the license quickly, legally, and effectively.

Our service is structured scientifically and transparently to deliver optimal solutions. The following clarifies our service scope, professional process, service commitments, and client support policies.

Scope of Service

The labor subleasing license service at Long Phan Consulting Company is comprehensive, covering all legal and administrative aspects. We support enterprises from the initial step until stable operation.

Client Representation for Administrative Procedures

• Represent clients to submit the registration dossier at DOLISA.
• Monitor the processing status and provide proactive updates.
• Work directly with appraisal officers to respond to requests for amendments.
• Clarify information in the dossier on the enterprise’s behalf.
• Receive the license and deliver it to the client.
• Handle issues arising during and after the appraisal stage.

In-depth Legal Consultation

• Analyze regulations in the Labor Code 2019, Decree 145/2020/ND-CP, and related documents.
• Assess potential legal risks in practical implementation.
• Guide on handling situations like changes in head office, legal representative, or charter capital.
• Advise on post-licensing obligations such as periodic reporting and license renewal procedures.
• Propose safe legal solutions if an enterprise needs to operate but does not yet meet the conditions.

Consulting on Licensing Conditions

• Regarding finance and deposit: Guide on opening an account and depositing 2 billion VND.
• Regarding the legal representative: Assess the individual’s profile and work experience.
• Regarding the head office: Advise on selecting a valid location and review lease contracts.

Dossier Drafting and Completion Support

• Draft the License Application Form, Operation Plan, and other required documents.
• Verify the validity of the Enterprise Registration Certificate, deposit confirmation, and office lease.
• Guide on notarization, certification, and consular legalization procedures.
• Organize the dossier according to administrative requirements.

Service Process

Our labor subleasing license service follows a structured 4-step process:

1. Initial Consultation and Condition Assessment: We receive information, provide in-depth legal advice, and assess the enterprise’s current status.
2. Information Gathering and Dossier Preparation: After signing the contract, we collect documents and draft all required forms to complete a standard dossier.
3. Submission and Progress Monitoring: We represent the enterprise in all administrative procedures at DOLISA, closely monitoring progress and making amendments as required.
4. Result Delivery and Post-Licensing Consultation: We deliver the license and provide detailed advice on rights, obligations, and operational matters.

Service Commitment and After-Sales Policy

Long Phan Consulting Company prioritizes service quality and client satisfaction.

Service Quality Commitment

• Compliance: Dossiers are accurate and fully compliant with the Labor Code 2019 and Decree 145/2020/NĐ-CP.
• Timeliness: We commit to completing the dossier on schedule and closely monitoring the resolution timeline.
• Full Representation: We handle the entire process from submission to result delivery.
• Confidentiality: All client information is kept strictly confidential, confirmed in writing.
• Expert Team: Our specialists are experienced and updated on the latest regulations.

Post-Licensing Support

• 12 Months of Free Consultation: We address legal issues that arise after licensing.
• Operational Guidance: We guide on compliance with periodic reporting and inspection readiness.
• Renewal and Adjustment Support: We provide consulting services for license renewal or modification.
• Legal Updates: We inform clients of new legal changes affecting their operations.

Contact Information

To use our labor subleasing license service, please contact Long Phan Consulting Company:

• Address: TM7, Lavita Garden, 17 Street No. 3, Truong Tho Ward, Thu Duc City, Ho Chi Minh City
• Working Hours: Monday to Saturday – 8:00 AM to 5:30 PM
• Hotline: 1900.63.63.89
• Email: info@longphanpmt.com
• Zalo: 0906.735.386 – Long Phan
• Facebook: Long Phan Investment Consulting and Legal Services Co., Ltd

Benefits of Using a Professional Labor Subleasing License Service

Registering for a labor subleasing license service is a complex procedure. Choosing a professional consulting service is a strategic investment. Key benefits include:

• Time and Cost Optimization: Professional services shorten the preparation and processing time. The service fee is often lower than the opportunity cost lost due to business delays.
• Increased Success Rate and Risk Mitigation: Experienced consultants build a complete and accurate dossier, maximizing the chance of first-time approval and avoiding rejection.
• Comprehensive Legal Compliance: Experts help the enterprise understand post-licensing legal obligations, such as periodic reporting and labor management, ensuring sustainable operations.
• Focus on Core Business: By outsourcing complex administrative procedures, management can focus resources on business strategy, client acquisition, and operations.

Frequently Asked Questions (FAQ)

Can the 2 billion VND deposit be used for other purposes, and when can it be withdrawn?

This deposit is held in escrow at a commercial bank. It is used only to pay salaries and social benefits to subleased employees or for compensation in case of contract breaches. The enterprise can only withdraw the full amount after ceasing labor subleasing activities, with written approval from the provincial People’s Committee Chairman.

What is the duration of a labor subleasing license?

According to Article 26 of Decree 145/2020/ND-CP, the license is valid for a maximum of 60 months (5 years) and can be renewed multiple times.

How is the 3-year experience of the legal representative verified?

This is the total time the person held management or professional positions in labor supply or subleasing within the 5 years before applying. Proof includes certified labor contracts, appointment letters, or confirmation letters from previous employers.

Does the law restrict jobs for labor subleasing?

Yes, Appendix II of Decree 145/2020/ND-CP lists 17 jobs that cannot be subleased, including the production of precious metals, passenger transport driving, and certain medical jobs.

Can a Foreign-Invested Enterprise (FIE) obtain a labor subleasing license?

Current Vietnamese law does not prohibit FIEs from this sector. However, as it is a conditional business, an FIE must meet the same strict conditions regarding the capital deposit and representative’s experience as a domestic enterprise.

What are the most common reasons for license application rejection?

The most common reason is the failure to prove the legal representative’s 3 years of professional experience. Other errors include inconsistent information in documents or an unconvincing business plan.

What are the essential contents of a labor subleasing contract?

The contract must include core contents as specified in Article 55 of the Labor Code 2019: workplace details, job position, job description, employee requirements, sublease duration, working hours, and occupational safety conditions.

Can an enterprise authorize a service provider like Long Phan Consulting Company to handle everything?

An enterprise can legally authorize a professional consulting firm to represent it throughout the entire process, from drafting the dossier to receiving the result. This approach saves resources and ensures legal rigor.

Conclusion

To register for labor subleasing activities, an enterprise must meet strict conditions regarding the 2 billion VND deposit, the 3-year experience of its representative, and a complete legal dossier. This is a complex and high-risk process. Partnering with a professional consulting firm ensures legal compliance and optimizes resource allocation for the enterprise.

For comprehensive support, contact the sub-licensing service of Long Phan Consulting Company via the hotline 1900.63.63.89 for a fast and effective solution.