Latest procedures for establishing a labor export company

Establishing a labor export company is a form of business that requires compliance with strict legal regulations. Enterprises need to meet the conditions to apply for a business license before providing services of sending workers to work abroad. The article below will provide detailed instructions on each step of implementing procedures to establish a labor export company according to the latest regulations.

Characteristics of labor export companies

A labor export company is an enterprise operating in the field of sending Vietnamese workers to work abroad under contracts. This type of enterprise must comply with the provisions of the Enterprise Law and specific regulations on labor export. The main characteristics of labor export companies are brokerage, recruitment and labor training activities to meet the needs of foreign labor markets.

Service activities of sending Vietnamese workers to work abroad under contracts are conditional business investment industries and professions and can only be carried out by Vietnamese enterprises with a License to operate labor sending services. Vietnamese workers go to work abroad under contracts issued by the Minister of Labor, War Invalids and Social Affairs.

Vietnamese enterprises providing services of sending Vietnamese workers to work abroad under contracts (hereinafter referred to as service enterprises) must maintain the conditions specified in Article 10 of the Law on Vietnamese Labor. Nam works abroad under a 2020 contract and meets the conditions of each market, industry, profession, and specific job according to Government regulations throughout the operation process.

In general, the main activities of a labor export company will include:

• Sign and implement contracts and agreements related to sending Vietnamese workers to work abroad under contracts.
• Search and develop labor markets abroad; Providing information, advertising, and consulting on job opportunities abroad.
• Prepare labor resources and select workers.
• Organize vocational skills training, foreign language training, and orientation education for workers before going to work abroad.
• Employee management; Protect the legal and legitimate rights and interests of workers working abroad under contracts.
• Implement regimes and policies for workers working abroad under contracts.
• Liquidate contracts to send Vietnamese workers to work abroad.
• Support job introduction for workers after returning home.

Legal basis: Clause 1, Article 8, Article 9 of the Law on Vietnamese Workers Working Abroad Under Contracts 2020.

Conditions for establishing a labor export company

To establish a labor export company, businesses must meet the conditions prescribed by law. Enterprises are granted a License to operate services of sending Vietnamese workers to work abroad under contracts when all of the following conditions are met:

• Have charter capital of 05 billion VND or more; whose owner, all members and shareholders are domestic investors according to the provisions of the Investment Law;
• Deposit has been made according to the provisions of Article 24 of the Law on Vietnamese Workers Working Abroad under Contracts 2020;
• Have a legal representative who is a Vietnamese citizen, has a university degree or higher and has at least 5 years of experience in the field of sending Vietnamese workers to work abroad under contracts or employment services. do; not subject to criminal prosecution; have no criminal record for any of the crimes of infringing on national security, crimes of infringing on human life, health, dignity, honor, crimes of fraudulent appropriation of property, crimes of abuse of trust and appropriation property, crime of false advertising, crime of deceiving customers, crime of organizing and brokering for others to leave, enter or stay in Vietnam illegally, crime of organizing and brokering for others to escape abroad or staying abroad illegally, the crime of forcing others to flee abroad or staying abroad illegally;
• Have a sufficient number of professional staff to carry out the contents specified in Article 9 of the Law on Vietnamese Workers Working Abroad under Contracts 2020;
• Have facilities of the enterprise or be rented stably by the enterprise to meet the educational requirements for orientation for Vietnamese workers working abroad under contracts;
• There is an electronic information page.

Legal basis: Article 10 of the Law on Vietnamese Workers Working Abroad Under Contracts 2020.

Process of establishing a labor export company

Prepare business registration documents

The first step in the process of establishing a labor export company is to prepare business registration documents. Documents should include:

• Application for business registration;
• Company charter;
• List of founding members/shareholders;
• Copies of legal documents of the legal representative;
• Other documents corresponding to the specific type of business.

These documents must be prepared according to the form prescribed by the Enterprise Law.

Business registration documents can be submitted directly to the Business Registration Office under the Department of Planning and Investment or online via the National Business Registration Portal.

Processing time for business registration documents is 3 working days from the date of receipt of complete and valid documents. After being granted the Business Registration Certificate, the company needs to proceed with the next procedures to apply for a labor export license.

Procedures for applying for a labor export license

After completing business registration, the company needs to apply for a labor export license. Dossier to apply for an operating license includes:

• Enterprise’s written request for a license;
• Copy of Business Registration Certificate;
• Documents proving meeting the conditions specified in Article 10 of the Law on Vietnamese Workers Working Abroad under Contracts 2020.

The application is submitted to the Department of Overseas Labor Management under the Ministry of Labor, War Invalids and Social Affairs. This agency will evaluate the documents and check the actual operating conditions of the enterprise within 20 working days. If all conditions are met, the enterprise will be granted a License to operate the service of sending workers to work abroad.

Enterprises must pay licensing appraisal fees according to current regulations. Having this license is a mandatory condition for a labor export company to operate legally.

Legal basis: Article 12 of the Law on Vietnamese Workers Working Abroad Under Contracts 2020.

Consulting services for establishing a labor export company in Long Phan

Long Phan provides comprehensive consulting services on establishing a labor export company. Our team of experts has a deep understanding of the law and practice in the field of labor export. Services include:

• Consulting on establishment conditions; Calculate initial investment costs, operating costs, and capital required to maintain operations
• Prepare documents to register a business and apply for a labor export permit;
• Carry out relevant administrative procedures
• Consulting on issues related to corporate governance after establishment

Long Phan supports customers in building business plans, preparing facilities and personnel to meet legal requirements. We provide a complete solution from the idea stage until the business officially goes into operation. Long Phan’s services help shorten establishment time, optimize costs and ensure full compliance with legal regulations.

With extensive experience, Long Phan is committed to providing high quality consulting services, suitable to the specific needs of each customer. We always update the latest regulations on labor export to ensure maximum benefits for customers.

Establishing a labor export company requires strict compliance with legal regulations on capital, facilities and human resources. Long Phan provides comprehensive consulting services, supporting businesses to complete procedures quickly and according to regulations. If you need support, please contact Long Phan for free advice on establishing a labor export company according to the latest regulations.