Labor Export License Service by Long Phan Consulting Company

Long Phan Consulting Company’s labor export license service provides comprehensive legal support for businesses entering this field. Fulfilling all statutory conditions and completing the licensing process is a prerequisite for legal and sustainable operation. This analysis covers the conditions, application process, and benefits of using a professional consulting service.

Conditions for a Labor Export License

The service of sending Vietnamese workers abroad under contract (labor export) is a conditional business line strictly managed by Vietnamese law. To be licensed, a business must meet and continuously maintain all statutory conditions.

According to Article 10 of the Law on Vietnamese Guest Workers 2020, only an enterprise granted a license by the Minister of Home Affairs may conduct these activities. The core conditions include:

Charter Capital and Ownership Structure

• The enterprise must have a charter capital of VND 5 billion or more.
• All owners, members, and shareholders must be domestic investors as defined by the Law on Investment.

Escrow Deposit Condition

The enterprise must deposit an escrow at a legally operating bank or foreign bank branch in Vietnam. As per Article 23 of Decree 112/2021/NĐ-CP, the deposit levels are:

• VND 2,000,000,000 for the company’s operations.
• An additional VND 500,000,000 for each branch assigned to perform this service.

Standards for the Legal Representative

• Must be a Vietnamese citizen with a university degree or higher.
• Must have at least five years of experience in the field of sending workers abroad or in employment services.
• Must not be currently under criminal prosecution and must have no criminal record for serious offenses listed in Point c, Clause 1, Article 10 of the Law.

Requirements for Professional Staff

The enterprise must have a sufficient number of professional staff for the activities specified in Article 9 of the Law. Each staff member must meet at least one of the standards in Article 4 of Decree 112/2021/NĐ-CP:

• A college degree or higher in law, humanities, social services, social and behavioral sciences, or business and management.
• A college degree or higher in another field and at least two years of experience in sending workers abroad. These employees must have labor contracts and be enrolled in compulsory social insurance at the enterprise.

Orientation Education Facilities

The enterprise must own or have a stable lease on facilities for worker orientation education, meeting all standards for area, equipment, safety, and hygiene as stipulated in Article 5 of Decree 112/2021/NĐ-CP.

Website (Electronic Information Page)

The enterprise must establish and maintain a website with a Vietnamese national domain name (“.vn”). The website must publish basic company information, an image of the license (once granted), and other service-related content as required by Article 6 of Decree 112/2021/NĐ-CP.

Strict adherence to all above conditions is a prerequisite for a business to be licensed and operate successfully in the labor export license service sector.

Process for Obtaining a Labor Export License

The process to obtain a license involves a mandatory sequence of legal steps. It is divided into three main stages: establishing an enterprise with the appropriate business lines and capital; fulfilling the escrow deposit obligation; and finally, submitting the license application to the competent state authority.

Stage 1: Enterprise Establishment. Before applying for a license, the enterprise must be legally established under the Law on Enterprises. A key requirement is that all owners and shareholders must be domestic investors.

During registration, the enterprise must note:

• Business Line Registration: Must register the specific business line: “Service of sending Vietnamese workers to work abroad under contract.”
• Charter Capital: The minimum capital of VND 5 billion must be clearly stated in the registration documents and fully contributed.
• Registration Authority: The application file for business registration is submitted to the Business Registration Office of the Department of Planning and Investment (DPI) in the province or city where the enterprise is headquartered.

Long Phan’s consulting service can support the preparation and completion of the enterprise establishment procedure, ensuring compliance with sector-specific requirements.

Stage 2: Escrow Deposit The escrow deposit is a mandatory financial condition that demonstrates the enterprise’s commitment and capacity to protect workers’ rights. This procedure is regulated by Article 24 of the Law on Vietnamese Guest Workers 2020 and Chapter IV of Decree 112/2021/NĐ-CP.

• Purpose: The escrow is used to secure financial responsibilities and resolve risks that may arise concerning workers.
• Amount: The enterprise must deposit VND 2,000,000,000 at a commercial bank where it holds its main transaction account.
• Confirmation Certificate: Upon completion, the bank will issue a “Certificate of Escrow Deposit,” which is a mandatory component of the license application file. The deposit earns interest by agreement and is refunded when the enterprise ceases operations and has fulfilled all obligations.

Stage 3: Application for the Labor Export Service License This is the final step. The enterprise submits the license application to the Ministry of Home , the sole authority empowered to issue this license.

The application file, detailed in Article 12 of the Law and Article 7 of Decree 112/2021/NĐ-CP, includes:

1. A written request for the license (Form No. 02, Appendix I).
2. A certified copy of the Certificate of Business Registration.
3. Documents proving fulfillment of business conditions:
   • Proof of Capital and Ownership: Company charter, proof of capital contribution, shareholder register.
   • Proof of Escrow: The original Certificate of Escrow Deposit from the bank.
   • Profile of the Legal Representative: Judicial record, diplomas, proof of experience.
   • Profile of Professional Staff: Staff list (Form No. 04, Appendix I), diplomas, and proof of experience.
   • Proof of Physical Facilities: Ownership certificate or lease contract for orientation education facilities, equipment list, and layout diagram.

Within 20 working days of receiving a complete and valid file, The Ministry of Home  will review and issue the license. In case of refusal, a written response stating the reasons will be provided. The enterprise must also pay a licensing fee.

Labor Export License Service at Long Phan Consulting Company

The labor export license service at Long Phan is designed to provide comprehensive legal support, ensuring an efficient and compliant licensing process. The service is detailed through its scope, process, and benefits.

Scope of Services

The service is a turnkey solution, supporting businesses from the initial stages through licensing and ongoing operations.

• In-depth Consultation:
  • Detailed analysis of licensing conditions (capital, escrow, personnel, facilities, website).
  • Assessment of the enterprise’s capacity and proposal of solutions to meet requirements.
  • Guidance on enterprise establishment and bank escrow procedures.
  • Resolution of legal queries related to sending workers abroad.
• Dossier Preparation and Finalization:
  • Support in drafting the business registration dossier.
  • Preparation of the complete application dossier for the labor export license.
  • Review of all documents for legal validity and consistency before submission.
• Authorized Representation:
  • Acting on behalf of the enterprise to submit the business registration file at the Department of Planning and Investment (DPI).
  • Representing the enterprise in submitting the license application at the Ministry of Home .
  • Monitoring the appraisal process and working with state agencies to provide clarifications or supplementary documents.
  • Receiving and delivering the license to the enterprise.

Service Delivery Process

• Step 1: Request Reception and Preliminary Consultation: Receiving inquiries and providing an overview of legal conditions and processes.
• Step 2: Assessment and Solution Proposal: In-depth analysis of the enterprise’s situation and proposal of a suitable service package with a clear roadmap.
• Step 3: Service Contract Execution: Formalizing the scope of work, fees, and timeline in a legal service contract.
• Step 4: Service Implementation: Executing the three stages: enterprise establishment, escrow deposit, and license application.
• Step 5: Monitoring and Updates: Closely tracking the application appraisal and representing the enterprise as needed.
• Step 6: Result Delivery and Post-Service Support: Delivering the license and providing guidance on post-licensing obligations.

Benefits of Using a Professional Service

Choosing a professional labor export license service offers practical advantages for a business’s sustainable development.

• Time and Cost Optimization: Shortens preparation time and avoids costly errors that cause delays.
• Legal Compliance: Ensures the application process adheres to the latest regulations, minimizing legal risks.
• Higher Success Rate: Meticulous preparation and practical experience significantly increase the probability of approval.
• Strategic and Comprehensive Advice: Provides guidance beyond legal procedures, covering operational risk management.
• Professional and Dedicated Support: Offers expert assistance throughout the entire process.
• Information Confidentiality: All client information is kept strictly confidential.

Contact Information

For the labor export license service, contact Long Phan Consulting Company:

• Head Office Address: TM7 Commercial Lot, Lavita Garden Apartment, 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
• Online Consultation Hotline: 1900.63.63.89
• Email: info@longphanpmt.com
• Zalo: 0906.735.386 – Long Phan
• Facebook: Long Phan Investment Consulting and Legal Services LLC

Frequently Asked Questions about Labor Export Services

What is the validity period of a labor export license?

The license does not have a specified validity period. The enterprise may operate until the license is revoked or the business is terminated. The enterprise must maintain all licensing conditions throughout its operation.

In which cases is the escrow deposit used?

The escrow is used to secure the enterprise’s financial responsibility in resolving risks and costs arising from its failure to fulfill obligations to workers, to compensate workers as decided by a competent authority, or to cover mandatory repatriation costs.

Under what circumstances can a labor export license be revoked?

A license can be revoked for violations specified in Article 17 of the Law on Vietnamese Guest Workers 2020, such as failing to meet licensing conditions, forging documents, leasing the license, or failing to commence operations within 12 months of being licensed.

Can a labor export enterprise establish branches?

Yes. A branch assigned to perform certain activities (e.g., worker recruitment, orientation education) must have qualified professional staff and facilities that meet the corresponding legal standards.

What are the periodic reporting obligations?

According to Article 26 of the Law, the enterprise must submit periodic reports (semi-annual and annual) and ad-hoc reports upon request to state management agencies on its labor export activities, including the number of workers, markets, and occupations.

What acts are prohibited in labor export services?

Article 7 of the Law prohibits acts such as abusing the service to organize illegal emigration, collecting unauthorized fees from workers, discrimination, forced labor, providing false information, or holding workers’ personal documents.

What fees can an enterprise collect from workers?

The enterprise may only collect fees as agreed with the worker and in accordance with the law, including a service fee, a brokerage fee (if applicable and regulated by the receiving country), and other reasonable, publicly disclosed costs.

What is the minimum number of professional staff required?

Article 4 of Decree 112/2021/NĐ-CP requires at least one professional staff member to be responsible for each of the eight operational areas listed in Article 9 of the Law.

Conclusion

Obtaining a license for labor export services is a complex legal process that demands strict compliance. The labor export license service from Long Phan Consulting is ready to support businesses in overcoming these challenges. For professional assistance and detailed answers, please contact the hotline at 1900.63.63.89.